Bankruptcy Case Law and Analysis

Can Prospective Employers Deny You Employment Because You Filed for Bankruptcy?

02/06/12

Previously, I discussed the bankruptcy rule that employers cannot fire or otherwise discriminate against employees because they filed for bankruptcy.  However, I also mentioned the difficulty in sometimes proving the causation element between the filing and the discrimination, and the fact that a bankruptcy will still come up on credit checks and other types of [...]

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Bankruptcy Filings Lower in Arizona Than Last Year

11/09/11

Bankruptcy Filings Lower in Tucson, Arizona and Phoenix, Arizona Than Last Year   Arizona bankruptcies have been declining in number for the last 9 months.   Statewide filings fell 23 percent in October of 2011, and overall bankruptcy filings are down 13 percent from 2010 so far this year. Bankruptcy has been filed more than 106,000 [...]

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In re: Rankin, No. 10-62340-13

10/25/11

In re: Rankin, No. 10-62340-13 (Bankr. D. Mont., January 21, 2011).   When you file for Chapter 13 bankruptcy, you propose to the bankruptcy court your plan to repay what you owe to your creditors.  There are many requirements that each plan must meet in order to be approved by the court and put in [...]

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San Jose Bankruptcy Lawyers Raise Concerns over Perceived Trustee Abuses

08/27/11

At a recent meeting of our Chapter 13 Committee meeting, a group of Bay Area bankruptcy attorneys who meet monthly to discuss recent developments in consumer bankruptcy law, a lively discussion erupted among a group of 40-50 local practitioners over Bay Area Chapter 7 panel trustees’ increased reliance upon lengthy questionnaires and blanket document requests [...]

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In re Penrod, 611 F.3d 1158 (9th Cir. 2010) An Opportunity for California Bankruptcy Attorneys — But Maybe Not For Long

08/21/11

The 9th Circuit has ruled that to the extent that an automobile lender rolls the negative equity from a trade-in into a new acquisition loan that part of the loan is not a purchase money security interest.  In re Penrod, 611 F.3d 1158 (9th Cir. 2010).   The ruling in Penrod is in apparent contrast to [...]

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The Top 7 Chapter 11 Bankruptcy Case Pleadings to Watch for Customers Plus Bonus Tips for Protecting Your Interests When a Company Files for Bankruptcy

07/29/11

Do you have an investment in a company that has recently filed for chapter 11 bankruptcy protection? Or are you researching a potential investment in a company that recently filed for chapter 11? Learn about how to follow these companies’ bankruptcy cases to protect your interests. To help, we’ve prepared the following presentation: The Top [...]

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Down to the “Core‟- New Concerns Arising From Stern v. Marshall

07/28/11

Not since Northern Pipelineii has the U.S. Supreme Court rendered an opinion that could have such lasting consequences on the way attorneys practice bankruptcy law. In short, the Stern v. Marshall opinion reinforced the notion that Bankruptcy Judges are not Article III judges and thus, must be constrained accordingly. As the reader will likely note, [...]

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Chapter 7 Bankruptcy: Do You Qualify? How is Eligibility Determined?

07/14/11

Qualifying for Chapter 7 Bankruptcy: The Story of Toni Braxton In October 2010, six-time Grammy Award winner Toni Braxton filed for bankruptcy a second time. In her Chapter 7 bankruptcy petition, Braxton claimed debts of between $10 million and $50 million, which grew even worse when a heart condition – diagnosed as microvascular angina – [...]

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Billionaire Bankruptcies?

06/27/11

As reports surface that wealthy socialite Patricia Kluge has filed for Chapter 7 bankruptcy protection, many have wondered:  how can you file for bankruptcy when you are a billionaire? When United State bankruptcy laws were drafted, the focus was pro-debtor.  The idea was to provide a fresh start for people who had suffered under the [...]

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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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