bankruptcy

As Madoff Five Year Anniversary Approaches, Investors Denied Time-Based Damages

10/07/13

Two months from now will bring the five year anniversary of the unraveling of Bernie Madoff’s Ponzi scheme, one of the bookends, along with the collapse of Lehman Brothers., of the extraordinary Fall of 2008. To date, Trustee Irving Picard has recovered over $9.5 billion through litigation and settlements and distributed over $4.7 billion

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Whither the Bankruptcy Courts? Will They Wither? Supreme Court Again to Consider Constitutional Limits on Bankruptcy Court Jurisdiction

08/02/13

Two years ago in Stern v Marshall, the Supreme Court surprised many observers by placing constitutional limits on the jurisdiction of the United States Bankruptcy Courts. The Court, in limiting the ability of a bankruptcy court judge to render a final judgment on a counterclaim against a party who had filed a claim against a debtor’s bankruptcy estate, re-opened separation of powers issues that most bankruptcy practitioners had thought settled since the mid-1980s. While th

[more]

Whither the Bankruptcy Courts? Will They Wither? Supreme Court Again to Consider Constitutional Limits on Bankruptcy Court Jurisdiction

08/02/13

Two years ago in Stern v Marshall, the Supreme Court surprised many observers by placing constitutional limits on the jurisdiction of the United States Bankruptcy Courts. The Court, in limiting the ability of a bankruptcy court judge to render a final judgment on a counterclaim against a party who had filed a claim against a debtor’s bankruptcy estate, re-opened separation of powers issues that most bankruptcy practitioners had thought settled since the mid-1980s. While the holding of Stern v Marsh

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Attorney-Client Privilege, Work Product, in Bankruptcy

07/27/13

puzzleThe U.S. Trustee comes a’knocking at your door.  it doesn’t care about no stinkin’ attorney-client privilege.  The attorney work product privilege is just so many meaningless words to it.

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Credit Card Judgment: Too Late For Bankruptcy?

05/29/13

BailiffCredit cards file lawsuits to show they’re upset and they miss your payment.  If they win, they have a judgment against you.  It’s not unusual for debt collectors to say bankruptcy doesn’t “work” then.  They’re wrong!

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Using Bankruptcy To Get College Transcripts

05/25/13

GraduationBankruptcy can help in a lot of ways.  One less well-known benefit is to free up a copy of a college transcript to use for employment or future school applications, when you can’t afford to pay the college back right now.

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Bankruptcy Helps Lower Your Credit Card Minimum Payments

05/21/13

Checking WritingI know — a silly headline.  Bankruptcy is admittedly an extreme way to lower your monthly credit card payments.  But that depends on whether you are asking yourself the right question.

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