Bankruptcy Blogs

N.D. Ga – Trustee Cannot Use Reverse Piercing of Veil To Recover Alleged Preferential Transfer

03/02/14

In Howell v. U.S. Foods, Inc., Ch. 7 Case No. 11-13160, Adv. Proc. No. 13-1054, 2014 Bankr. LEXIS 681 (Bankr. N.D. Ga. Feb. 5, 2014) (click here for .pdf of Order), the individual debtor owned and managed a restaurant incorporated as Bilbo’s Bar-B-Que, Inc.  However, the Trustee alleged that the Debtor operated the business as a sole proprietorship known as “Bilbo’s BBQ.”    During the 90 day preference period, payments were made to U.S.

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Health Savings Account Not Exempt, Says Middle District Judge Walker

03/01/14

In In re Mooney, Ch. 7 Case No. 13-10835, 503 B.R. 916, 2014 Bankr. LEXIS 29 (Bankr. M.D. Ga. January 3, 2014), the issue before the Court was whether a health savings account (“HSA”) is exempt.

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Health Savings Account Not Exempt, Says Middle District Judge Walker

03/01/14

In In re Mooney, Ch. 7 Case No. 13-10835, 503 B.R. 916, 2014 Bankr. LEXIS 29 (Bankr. M.D. Ga. January 3, 2014), the issue before the Court was whether a health savings account (“HSA”) is exempt.

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Fifth Circuit Declines to Rehear Stern Consent Issue

02/28/14
Recently, the Fifth Circuit has authored two opinions in which it opined that parties could not consent to entry of a final order in a case governed by Stern v. Marshall.   In one of these cases, BP RE, LP v. RML Waxahachise Dodge, LLC, 735 F.3d 279 (5th Cir. 2013), the plaintiff, having filed suit in bankruptcy court, invoked Stern v.
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Fifth Circuit Declines to Rehear Stern Consent Issue

02/28/14
Recently, the Fifth Circuit has authored two opinions in which it opined that parties could not consent to entry of a final order in a case governed by Stern v. Marshall.   In one of these cases, BP RE, LP v. RML Waxahachise Dodge, LLC, 735 F.3d 279 (5th Cir. 2013), the plaintiff, having filed suit in bankruptcy court, invoked Stern v.
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Disclosures Matter: The Case of Calvin Braun

02/28/14
Some time ago, I wrote about John Gellene, the silk-stocking lawyer who went to prison for failure to disclose his connections in a high dollar case.
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Disclosures Matter: The Case of Calvin Braun

02/28/14
Some time ago, I wrote about John Gellene, the silk-stocking lawyer who went to prison for failure to disclose his connections in a high dollar case.
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Weekly Wrap: Parsing the 'Bank Tax' Proposal; Life After Payday Loans

02/28/14

A recap of the informed opinions (and the discussions they generated) on BankThink this week.

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Debt Collection Complaints and Regulation: Last Chance to Comment on ANPR

02/28/14

Today is your last chance to comment on the CFPB's Advanced Notice of Proposed Rulemaking on Regulation F, regarding debt collection.  I had the pleasure of working with Pat McCoy on a joint comment to the ANPR.

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Mt. Gox Could Follow Japan Bankruptcy With U.S. Case

02/28/14
Bitcoin trader Kolin Burges, right, of London and American Aaron (only his first name was given) hold protest signs as they conduct a sit-in in front of the office tower housing Mt.
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