Bankruptcy Blogs

Pew's Study Uses 'Right Approach' to Arbitration Issue

12/18/12

Its purpose was to study what consumers know about dispute resolution clauses. This is particularly important because most checking accountholders are covered by these clauses and may not be aware of them.

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The Bank that Couldn't See the Forest for the Trees

12/18/12

The credit might have been "gold-gilded," but it did not make sense, the first test that a credit must pass.

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The Daily Docket: Bond Insurers Say Stockton Doesn’t Need Bankruptcy

12/18/12

Wall Street bond insurers say Stockton, Calif., leaders overlooked cost-cutting measures and failed to raise taxes before putting it under bankruptcy protection. Read the Daily Bankruptcy Review article here.

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11th Circuit: Court May Consider Chapter 7 Debtor's Ability To Pay In "Totality Of Circumstances" And Consideration Of Abuse

12/18/12

In In re Witcher,  No. 11-15883 (11th Cir. December 13, 2012) (click here for opinion), the issue before the Court was...

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Watch Out for European Regulators' Basel Exams - of U.S. Banks

12/18/12

Although this initial phase of the program may seem beneficial as it seeks to keep European competitors honest, enforced convergence is a double-edged sword that raises worrisome issues for our country.

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Out of Sight Out of Mind on Facebook IPO Rules; More About the Cliff

12/18/12

Receiving Wide Coverage ...

Facebook IPO Settlement: Morgan Stanley's paying $5 million to settle a Massachusetts probe of how it handled the Facebook IPO. According to a Journal story crosschecked between the state's attorney general's office and people "familiar with the matter," star tech analyst Michael Grimes wrote a script with detailed, non-public information for Facebook's CFO to share with investors. Then, in what might seem a cynical approach to dealing with Morgan Stanley's supposed Chinese...

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Best Interests of Creditors? I Want My Bankruptcy Lawyer to Protect Me!

12/18/12

I was talking with a client explaining how the client’s chapter 13 plan payment was calculated.  I was going over one calculation in determining the chapter 13 plan–the “best interests of creditors” test.  All of sudden, the client exclaimed that he was not interested in the “best interests of creditors.”

So, what is the “best interest of creditors” test in a chapter 13 case?

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Four Bankruptcy Forms Changed December 1

12/17/12

Rules And Policies

Changes to four official bankruptcy forms went into effect December 1, 2012.

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