Bankruptcy Blogs

The Daily Docket: Lee Enterprises to Enter Bankruptcy

12/05/11

Newspaper publisher Lee Enterprises Inc. said Friday it’s preparing to file a prepackaged Chapter 11 bankruptcy within the next 10 days as it struggles to refinance its heavy debt load. Read the Daily Bankruptcy Review article here.

[more]

Dismissals by Interested Parties

12/04/11

Bennett v. Bennett (In re Bennett), No. 09-44442-BDL (Bankr. W.D. Wash., January 19, 2011). When you file for bankruptcy, any “interested” party can ask the court to dismiss your case.  If the court finds that you abused the bankruptcy laws, by lying or hiding assets, the court will agree and dismiss the case.  You will [...]

[more]

The Power of the Bankruptcy Court

12/04/11

 In re: Moser, No. 09-11945 (Bankr. N.D. Calif., May 18, 2011). In your interactions with the bankruptcy court, it is important to be as kind and respectful, and honest as possible.  The bankruptcy court has a lot of discretion in making important decisions that will influence your life for a long time.  It is not [...]

[more]

Debtor Education Course: Are Joe and Sally to Blame?

12/03/11

The debtor education course. It’s the second course required by the Bankruptcy Code–the ticket out of bankruptcy, at least if the debtor wants his discharge. I confess I’ve always wondered what my clients thought of the course. Calling it a “course” is a bit much.  It only takes an hour or two, and there’s not [...]

[more]

Consumers Beware of Gas Well Leases, Especially Around the Holidays

12/03/11

For those contracts professors who teach Peevyhouse v. Garland Coal & Mining Co., 382 P.2d 109 (Okla. 1962), there is a modern version this 1962 case going on right now in the gas drilling context. In the venerable Peevyhouse case, Willie and Lucille Peevyhouse owned a farm that contained coal deposits, and entered into a contract with Garland Coal & Mining Co. allowing Garland to strip mine the coal, in return for a royalty. In the contract, Garland promise that the land would be restored once they were done.

[more]

Zombie Companies - Has the Chancellor missed a trick?

12/03/11

George OsborneIn his quest for economic stimulus in the Autumn Statement, George Osborne failed to drive banks and borrowers to put the assets and resources of moribund businesses to good use.

[more]

Zombie Companies - Has the Chancellor missed a trick?

12/03/11

George OsborneIn his quest for economic stimulus in the Autumn Statement, George Osborne failed to drive banks and borrowers to put the assets and resources of moribund businesses to good use.

[more]

Direct Deposit and Rent Payments Are Areas Ripe for Tech Solutions

12/02/11

A small but growing number of innovators are recognizing the market opportunity that the average underserved customer represents. New products address the "money in, money out" pain points.

[more]

When Creditors Come Calling After Your Bankruptcy Discharge

12/02/11

Whether it’s receiving a discharge under chapter 7 or chapter 13, the result is the same: you do not owe anyone, any amount, on your unsecured non-priority debts that existed prior to filing. If you listed it and you received a discharge, then you are no longer responsible or liable for that debt. Most people [...]

[more]

Merchant Suit is Right, Fed Went Rogue on Durbin

12/02/11

The Fed's job is not to mete out mercy, but rather to implement instructions from Congress - no matter how destructive.

[more]