Bankruptcy Blogs

The Durbin Amendment is Hurting Small Businesses

03/14/12

Government intervention in the interchange system might boost profits for giant retailers, but it harms the interests of American small businesses and many minority entrepreneurs.

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Opinion Issued in Carolina Fluid Handling

03/14/12

On March 14, 2012, Judge Sontchi of the Delaware Bankruptcy Court issued an opinion in the Carolina Fluid Handling Intermediate Holding Corp. bankruptcy case.  When a Fox Rothschild client is (or could be) affected by a ruling, rather than summarize the opinion, I will be providing a link to the opinion.  The opinion is available here.

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Fresh Ingredients for Twinkie-Maker’s Board

03/14/12
Agence France-Presse/Getty Images

It’s out with the old, in with the new for Hostess Brands Inc.

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HUD Inspector General fills in some details on robo-signing and other abuses

03/14/12

For those without enough reading after the legal document dump on Monday in the national mortgage settlement (see http://www.creditslips.org/creditslips/2012/03/national-mortgage-settlement-details-posted-on-the-web.html), there's more. Also released Monday were five audit reports about the robo-signing and other abuses in the foreclosure processes of the five financial institutions involved in the settlement.

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South Florida Bankruptcy Attorneys Suspended For Filing Frivolous Claim Objections In Chapter 13 Cases

03/14/12

A bankruptcy  attorney can try too hard to eliminate his client’s debt; when the attorney abuses the bankruptcy rules he can find himself in trouble with the bankruptcy court. Several attorneys in south Florida were sanctioned for filing frivolous pleadings in Chapter 13 bankruptcy cases. 

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Is an Adjacent Lot Part of the Homestead for Exemption Purposes?

03/14/12

Homestead Exemptions Don’t Protect Investment Property Although homestead exemption laws vary by state, none of them protect investment property. A homestead is, by definition, a primary residence. You don’t necessarily need a white picket fence and a golden retriever, but you must live in the home in order to claim the exemption. As a general rule, investment [...]

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The Daily Docket: Indonesia’s Berlian Laju Seeks U.S. Protection from Creditors

03/14/12

Subsidiaries of Indonesian marine shipping company Berlian Laju Tanker on Wednesday filed for U.S. bankruptcy protection with the aim of enforcing an Indonesian court order barring creditors from arresting its tanker ships. Read the Daily Bankruptcy Review story here.

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Regulators Need to See the Big Picture

03/13/12

Just as we manage risk within companies on an enterprise-wide level, we should be building a coherent regulatory framework in which risk is assessed across industries and markets.

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Fifth Circuit Finds Inherited IRAs Exempt

03/13/12
In a case of first impression for the Fifth Circuit or any other court of appeals, the Fifth Circuit has ruled that inherited IRA accounts may be claimed as exempt under 11 U.S.C. Sec. 522(d)(12). Matter of Chilton, No. 11-40377 (5th Cir. 3/12/12), which can be found here.
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United States Sued and Settled Suit Against Major Mortgage Servicers for Unfair and Deceptive Practices

03/13/12

To add to Jean's post on the National AG's mortgage settlement, we now have a copy of a complaint that formed the basis for the AG settlement, in which the United States of America (along with all the states but Oklahoma) sued most of the major  servicers for committing misconduct in connection with the origination and servicing of single family mortgages.

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