ATexasBankruptcyLawyersBlog

Not a Good Idea to Object to Every Claim

04/10/11
You know that nothing good can come from an opinion which begins like this:
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Difference in Wording Dooms Bankruptcy Discrimination Claim

03/05/11
A debtor who was denied a job based on a bankruptcy filing found out the hard way that subtle differences in wording can make a big difference. Burnett v. Stewart Title, No. 10-20250 (5th Cir. 3/4/11). You can find the opinion here.
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The Early View from Inside the Borders GOB Sale

03/01/11
This past Saturday, I was able to combine two of my interests, books and bankruptcy, in a trip to the Borders Going Out of Business Sale. Actually, my eldest daughter demanded that I take her there. However, I was happy to indulge her and I thought it would be interesting to see what a going out of business sale looked like.
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TOUSA Fraudulent Conveyance Judgment Reversed by District Court

02/14/11
In a 113 page opinion, U.S. District Judge Alan S. Gold has reversed a controversial fraudulent conveyance judgment in the TOUSA bankruptcy case. In re TOUSA, Inc., Case No. 10-60017 (S.D. Fl. 2/11/11). You can find the opinion here.

A Series of Highly Unfortunate Events

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730-Day Rule Costs Debtor Homestead Exemption

02/04/11
The Fifth Circuit's recent decision in Camp v. Ingalls allowed an itinerant debtor to claim federal exemptions that would not have been available to him had he remained in Florida. That was a small victory for the debtor. However, a decision released just a few days later reveals the darker side of the 730 day rule for claiming exemptions. In the case of In re Fernandez, No. 09-32896 (Bankr. W.D. Tex.
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Fifth Circuit Doesn't Save the Save Our Springs Alliance But Time May

01/29/11
Another chapter in the Austin development wars has played out as the Fifth Circuit affirmed the Bankruptcy Court ruling denying confirmation of the plan of reorganization proposed by the Save Our Springs (SOS) Alliance, Inc. Matter of Save Our Springs (SOS) Alliance, Inc., No. 09-50990 (1/26/11). However, intervening developments have helped to keep the feisty environmental activist group alive. You can read the opinion here.
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Antone's Records: A Tragedy in Three Acts and 46 Pages

01/26/11

Austin prides itself on being the Live Music Capital of the World. While many musicians travel to Austin with stars in their eyes, the reality is that it is difficult to earn a living in the music business, either as an artist or an independent record label. For the past eighteen months Bankruptcy Judge Craig Gargotta has received an extensive education on what can go wrong in relationships between record labels and their artists. This education was

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Fifth Circuit Adopts Literal Reading of Exemption Statute

01/22/11
One of the reforms adopted by BAPCPA was to increase the amount of time a person had to spend in a state before he could take advantage of that state's exemptions. Under 11 U.S.C. Sec. 522(b)(3)(A), a person must live in a state for 730 days to claim that state's exemptions. If the debtor does not satisfy the 730 day requirement, the law of the state where the debtor lived for the greater portion of the 180 days prior to the 730 days applies.
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Bankruptcy, BAPCPA and the Social Contract

01/20/11
Once upon a time, I had a client tell me that he loathed bankruptcy because bankruptcy was socialism and he only believed in market solutions. While his use of terminology was imprecise, it is beyond dispute that bankruptcy represents government changing the terms of privately negotiated contracts. If you substitute government action for socialism and substitute private contract for the market, his point is well taken but wrong.
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