Bankruptcy Blogs

Morning Scan: Banks Near Swaps Deal; When Marketplace Loans Sour

09/14/15

Swaps Settlement Ahead: Twelve big banks plan to pay $1.9 billion to settle charges that they conspired to control the credit default swaps market during the run-up to the financial crisis, according to the papers. The New York Times maintains an air of mystery about the details of the pending settlement, opting not to name the banks involved. But the Los Angeles Times names names including Bank of America, JPMorgan Chase and Citigroup and the FinancialÂ...

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Patriot Coal Delays Auction—Again

09/14/15

Patriot Coal Corp. on Friday said efforts to firm up a deal with its bankruptcy lenders to finance the sale of its mines have led it to postpone its auction for a second time. Read the Daily Bankruptcy Review story in The Wall Street Journal.

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Seeking Relief from the Automatic Stay – Personal Injury Claimants

09/14/15

Very often in the course of a bankruptcy proceeding, a creditor with a pending lawsuit against the debtor will need to obtain relief from the automatic stay in order to continue to prosecute the pre-petition litigation.   For example, personal injury claimants who seek to recover solely against an insurance policy of a debtor may obtain relief from the automatic stay in certain circumstances.  Such claimants will need to file a motion with the Delaware Bankruptcy Court to obtain relief from the stay in order to pursue their claim to a final judgment.

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SuperMedia Decision – Withholding Information Rarely Ends Well

09/10/15

Summary

In a 13 page decision released September 3, 2015, Judge Gross of the Delaware Bankruptcy Court examined the results of Yellow Pages Photos, Inc. (“YPPI”) failing to disclose agreements that directly affected its claim against the Debtors.  Judge Gross’ opinion is available here (the “Opinion”).

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Property Acquired after Bankruptcy Filing

07/14/15

Normally your bankruptcy estate consists only of the property you own on the date of the filing of your bankruptcy case. Certain property though that you acquire after filing for bankruptcy are part of your bankruptcy estate. Supplemental schedules need to be prepared and filed with the Bankruptcy Court.

Certain Property Needs to be Disclosed

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Michigan Farm Owner Sentenced Following Guilty Plea to Concealing Cash

05/27/15

A federal judge today sentenced Melissa Stamp to 20 months imprisonment for her role in a bankruptcy fraud involving the concealment of cash and other assets.  Stamp was indicted October and pled guilty in December.  Stamp and her husband, Michael Stamp, owned Stamp Farms and Northstar Grain, LLC, two Decatur businesses that filed for bankruptcy in 2012 after securing more than $65 million in financing from Wells Fargo Bank.

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How Soon After Bankruptcy Can I Get a Mortgage?

08/26/14

Good News:  Fannie Mae Announces New Shorter Waiting Period for After Bankruptcy Mortgage. Here’s the most important question for people who file bankruptcy because they can’t make their house payments:  How soon can I buy a house again? Since the housing crisis, there have been two waiting periods:  Two years after the bankruptcy; but three […]

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Welcome to the “Reader Top Rated” Bankruptcy Blog

05/06/13

To my readers around the country, please keep in mind that I cannot give you legal advice. My answers here on this blog may help you think of things to talk about with YOUR LAWYER. DO NOT TRY TO BE YOUR OWN LAWYER, based on anything you read here. That would be a really bad idea.   Welcome. […]

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NY AG Unsheathes Excalibur

08/04/11

NY AG Eric Schneiderman came out with guns blazing in the proposed Countrywide investor settlement litigation.  It his filing intervening in the action and suing Bank of New York Mellon for breach of fiduciary duty, persistent fraud, and violations of the Martin Act (the "Excalibur" of the NY AG), General Schneiderman didn't mince words. [more]