Adversary Proceeding

Affirmative Insurance – Dueling Motions to Dismiss, Denied

03/30/17

In a 33 page decision released March 29, 2017, Judge Sontchi of the Delaware Bankruptcy Court ruled on competing motions to dismiss the remaining claims and counterclaims in an adversary proceeding in the Affirmative Insurance bankruptcy – Adversary Proceeding Case No.

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Show Me the Note !

07/26/12

The Chapter 13 Trustee for the Middle District of Tennessee (Nashville) is being sued by Bank of America for forcing the mortgage company to produce the underlying note to mortgages, or face being treated as an unsecured creditor in the bankruptcy pot or plan. Nashville Business Journal has the story here. This case will be interesting [...]

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First Circuit: Lender Not Obligated to Foreclose on Home Surrendered in Bankruptcy

03/28/12

Surrendering Property Usually Allows the Debtor to Walk Away From Underwater Property. What Happens When the Bank Refuses to Take Ownership? One of the big advantages for consumers filing bankruptcy is the ability to surrender property they can no longer afford. Through bankruptcy, debtors can avoid a deficiency lawsuit and get rid of personal liability [...]

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Detroit Bankruptcy Lawyer: Can Bankruptcy Stop A Garnishment?

07/22/11

Most people don’t realize that filing bankruptcy can stop a garnishment. The conventional thinking is, “Well, they got the judgment in court, so nothing I can do”. Nothing can be further from the truth. Bankruptcy can and will stop the garnishment, even after your creditor has received their judgment. Your Detroit Bankruptcy Lawyer can stop [...]

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Anna Nicole Smith will live forever in stunning new Supreme Court decision in Stern v. Marshall!

06/24/11

The Supreme Court issued a second opinion arising from the seemingly endless litigation over claims against the estate of the late Pierce Marshall (Anna Nicole’s elderly husband of one year before his death).  In this 5-4 split opinion released yesterday (June 23, 2011), the Supreme Court significantly limited the scope of Bankruptcy Courts’ jurisdiction to [...]

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What to do if a creditor sends you a Form 1099 trying to make income out of your discharged debt

06/22/11

Creditors who were discharged in bankruptcy are not supposed to send you 1099 forms because a bankruptcy discharge is not a taxable event.  Some do it in and out of bankruptcy in order to get you to pay a debt.  I think it is a violation of the automatic stay if done during the bankruptcy [...]

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Can You Modify a First Mortgage in Bankruptcy?

04/25/11

Can You Modify a First Mortgage in Bankruptcy? Nope. While there have been rumblings about new legislation that would allow first mortgages to be modified in bankruptcy, the current state of the law does not allow first mortgages to be modified on a debtor’s primary residence. How About a Second Mortgage? Now, before you get [...]

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