Bankruptcy Blogs

Bidders Reimbursed For Auction Which Never Occurred: The Fifth Circuit's ASARCO Opinion

08/20/11
The Fifth Circuit has ruled that, under the facts of the specific case, that bidders could recover their costs without a showing of direct benefit to the estate. Matter of ASARCO LLC, No. 10-40930 (5th Cir. 8/16/11). The specific holding was that reimbursement of costs incurred in submitting a bid were governed by the business judgment standard under 11 U.S.C. Sec. 363(b) rather than the benefit to the estate standard under 11 U.S.C. Sec. 503(b).
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Bidders Reimbursed For Auction Which Never Occurred: The Fifth Circuit's ASARCO Opinion

08/20/11
The Fifth Circuit has ruled that, under the facts of the specific case, that bidders could recover their costs without a showing of direct benefit to the estate. Matter of ASARCO LLC, No. 10-40930 (5th Cir. 8/16/11). The specific holding was that reimbursement of costs incurred in submitting a bid were governed by the business judgment standard under 11 U.S.C. Sec. 363(b) rather than the benefit to the estate standard under 11 U.S.C. Sec. 503(b).
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Will My Bankruptcy Affect My Spouse?

08/20/11

When you consider filing for bankruptcy, if you are married you will have to decide whether to file jointly or separately.  If you decide to file jointly, it will be important to know:  what will happen to your spouse? What happens to your spouse will depend most heavily on whether your debts are yours alone, [...]

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Identify Theft in Bankruptcy

08/20/11

Identity theft, the use of another’s personal information for fraud or deceit, is unfortunately a widespread problem.  And a significant number of bankruptcies involve identity theft as well.  Examples include the filing of bankruptcy with another’s name or listing another person who is in bankruptcy on a deed to avoid foreclosure. Often, identity thieves want [...]

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When Would I Convert from Chapter 7 to Chapter 13 Bankruptcy?

08/20/11

Although debtors are typically required to pay at least some of their unsecured debts in Chapter 13, and are required to complete a plan, it may sometimes be strategic to convert a Chapter 7 case to Chapter 13.  When would this be? If a creditor objects to your chapter 7 case, the court may dismiss [...]

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Blue Island Bankruptcy Attorney Confronts Confirmation Issues In Chapter 13 Filings.

08/20/11

If the trustee is not recommending approval, there has to be some kind of modification or correction made.  For example, the debtor might have to provide additional information to the trustee to satisfy the trustee that the debtor is paying all their available money per month.  Also, the trustee might want certain amendments to the [...]

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