Bankruptcy Blogs

All Eyes on Congress as Government Shutdown Looms; CLOs Rising

09/30/13

Receiving Wide Coverage ... Shutdown Showdown: News outlets are heavily focused on a looming government shutdown as political tensions resulted in a Congressional stalemate just ahead of tonight's deadline to avert closure of non-essential government offices. The House did pass legislation over the weekend that would keep the government open through mid-December, but it includes provisions that delay implementation of the Affordable Care Act for one year. Democrats have already indicated they will…

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Chapter 13 Plan Binds Chapter 13 Trustee, Says Eleventh Circuit

09/29/13

In the case of Hope v. Acorn Financial, Inc., Case No. 12-10709, 2013 U.S. App. LEXIS 19661 (11th Cir. September 26, 2013) (click here for .pdf of opinion) the Court addressed whether 11 U.S.C.

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Chapter 13 Plan Binds Chapter 13 Trustee, Says Eleventh Circuit

09/29/13

In the case of Hope v. Acorn Financial, Inc., Case No. 12-10709, 2013 U.S. App. LEXIS 19661 (11th Cir. September 26, 2013) (click here for .pdf of opinion) the Court addressed whether 11 U.S.C.

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ND Ga – Equitable Tolling Does Not Apply To One Year Limitation For Revocation Of Discharge

09/29/13

Last week I was at a final hearing on fee applications on behalf of a Chapter 7 Trustee, in a case in which the debtor had failed to disclose a pre-petition personal injury case  pending in another state.  The defendants in that case ultimately founds out about the Bankruptcy case about a year after it was closed and the debtor received her discharge.  They contacted the Trustee and the case was reopened more than a year after debtor’s discharge to administer the asset (the proceeds of the personal injury case settled by the Trustee).  The Judge questioned why we had not pursued revoc

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ND Ga – Equitable Tolling Does Not Apply To One Year Limitation For Revocation Of Discharge

09/29/13

Last week I was at a final hearing on fee applications on behalf of a Chapter 7 Trustee, in a case in which the debtor had failed to disclose a pre-petition personal injury case  pending in another state.  The defendants in that case ultimately founds out about the Bankruptcy case about a year after it was closed and the debtor received her discharge.  They contacted the Trustee and the case was reopened more than a year after debtor’s discharge to administer the asset (the proceeds of the personal injury case settled by the Trustee).  The Judge questioned why we had not pursued revoc

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Is Federal Preemption Assignable?

09/28/13

Gretchen Morgenson had an interesting column today about judicial frustration with banks.  One of the opinions she references is a recent order by Judge William Young (Dist. Mass.) in a predatory lending suit.

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How A Government Shutdown Will Affect Bankruptcy Courts

09/28/13

Mars Attacks CongressWill the Federal Government shutdown on October 1, 2013?  If so, how will it effect the Bankruptcy Courts?

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Regulation: Crisis-Starter or Crisis-Suppressor?; The Future of TBTF

09/27/13

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

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Graceway Pharmaceuticals Trustee Files Preference Complaints

09/27/13

On September 13th, the Liquidating Trustee (the “Trustee”) in the Graceway Pharmaceuticals (“Graceway”) bankruptcy filed preference complaints against approximately 25 different defendants. The Trustee is seeking to avoid and recover what he contends are avoidable preferences under section 547 of the United States Bankruptcy Code. 

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The Broke and the Beautiful: Diamond in the Rough Edition

09/27/13

This week on The Broke and the Beautiful, jeweler Harry Winston sued ad agency Lipman, which has filed for bankruptcy. Also, the Clinton Foundation returned fraud money, and rapper DMX spoke to Dr. Phil.

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