Bankruptcy Blogs

Unable to pay its debts - the balance sheet test

08/10/10

We all know the definition of insolvency for a company - or do we? The cashflow test - unable to pay its debts as they fall due - is relatively uncontroversial, but the balance sheet test is more difficult. Section...

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Northern District Bankruptcy Judges Rule On Deed Attestation Issues

08/07/10

Two recent bankruptcy cases involved the application of Georgia law on deed attestation.  In both cases, the trustee was attempting to set the lien pursuant to section 544 of the Bankruptcy Code.

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Observations on the South Florida Foreclosure Crisis

08/05/10

The mortgage foreclosure crisis in South Florida is far from resolved. I offer the following observations.

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Observations on the South Florida Foreclosure Crisis

08/05/10

The mortgage foreclosure crisis in South Florida is far from resolved. I offer the following observations.

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FBI Reports that the Bankruptcy System is used to Perpetrate Foreclosure Rescue Schemes

08/04/10
A recent FBI Intelligence Assessment describes use of the bankruptcy process in foreclosure avoidance schemes. The foreclosure rescue schemes occur when spurious individuals promise to save a home from foreclosure after a mortgage default in order to extract monthly fees from desperate homeowners. The perpetrators of the fraud then file fraudulent bankruptcy petitions to delay the foreclosure and maximize monthly fees.
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FBI Reports that the Bankruptcy System is used to Perpetrate Foreclosure Rescue Schemes

08/04/10
A recent FBI Intelligence Assessment describes use of the bankruptcy process in foreclosure avoidance schemes. The foreclosure rescue schemes occur when spurious individuals promise to save a home from foreclosure after a mortgage default in order to extract monthly fees from desperate homeowners. The perpetrators of the fraud then file fraudulent bankruptcy petitions to delay the foreclosure and maximize monthly fees.
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