Bankruptcy Blogs

Debtor charged with making false statements by submitting false tax returns to U.S. Trustee

11/03/08

Now that debtors must produce copies of their tax returns in bankruptcy cases as part of the bankruptcy laws' already numerous disclosure requirements it was only a matter of time before we began to see some criminal cases built on debtors' making or using false writings (or documents containing false statements) within an executive branch matter in violation of 18 U.S.C. 1001.

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New Jersey man convicted and sentenced for lying in bankruptcy case about closed bank accounts

10/31/08

Updating a case we reported on earlier (here) Moty Rosenkrantz a/k/a Michael Rosenkrantz, the owner of B&W Motor Cars, pled guilty to structuring banking transactions to avoid reporting requirements and making a false oath in a bankruptcy case.  The defendant admitted in his guilty plea that in July 2003 he filed a bankruptcy petition in which he falsely reported that no financial accounts in his name had been closed in the preceding year when

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New Jersey man convicted and sentenced for lying in bankruptcy case about closed bank accounts

10/31/08

Updating a case we reported on earlier (here) Moty Rosenkrantz a/k/a Michael Rosenkrantz, the owner of B&W Motor Cars, pled guilty to structuring banking transactions to avoid reporting requirements and making a false oath in a bankruptcy case.  The defendant admitted in his guilty plea that in July 2003 he filed a bankruptcy petition in which he falsely reported that no financial accounts in his name had been closed in the preceding year when

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Concealed Assets and Exemptions

10/29/07

In a post last week, I reported on the 9th Circuit BAP’s recent decision, In re Onubah, 2007 WL 2701336 (Bankr. App. 9th Cir. August 31, 2007), which surcharged the Debtor’s allowed homestead and household goods exemptions in the amount of the attorney fees and other costs incurred by the trustee as a result of the Debtor’s legal and extra-legal obstruction of the sale of his home.

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Concealed Assets and Exemptions

10/29/07

In a post last week, I reported on the 9th Circuit BAP’s recent decision, In re Onubah, 2007 WL 2701336 (Bankr. App. 9th Cir. August 31, 2007), which surcharged the Debtor’s allowed homestead and household goods exemptions in the amount of the attorney fees and other costs incurred by the trustee as a result of the Debtor’s legal and extra-legal obstruction of the sale of his home.

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Debtors: On Vacating the Premises, Take Your Goo With You!

10/23/07

A landlord has successfully circumvented the “cap” on lease rejection damages imposed under Bankruptcy Code section 502(b)(6). In deciding a case with highly unusual (and sympathetic) facts, Ninth Circuit Judge Alex Kozinski has made some broad statements that will henceforth encourage landlords to structure their claims, and their leases, to try to “beat the cap.” The case is In re El Toro Materials Company, 2007 WL 2822019 (9th Cir., October 1, 2007).

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Debtors: On Vacating the Premises, Take Your Goo With You!

10/23/07

A landlord has successfully circumvented the “cap” on lease rejection damages imposed under Bankruptcy Code section 502(b)(6). In deciding a case with highly unusual (and sympathetic) facts, Ninth Circuit Judge Alex Kozinski has made some broad statements that will henceforth encourage landlords to structure their claims, and their leases, to try to “beat the cap.” The case is In re El Toro Materials Company, 2007 WL 2822019 (9th Cir., October 1, 2007).

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Trustees Can Take Hostages! – They’re Called “Exemptions”

10/21/07

A few weeks ago the Bankruptcy Appellate Panel for the Ninth Circuit issued a decision which all chapter 7 trustees should welcome. The BAP upheld the decision of Bankruptcy Judge Kathleen Thompson, of the Central District of California, surcharging the Debtor’s homestead and household goods exemptions in the amount of the attorney fees and other costs incurred by the Trustee as a result of the Debtor’s refusal to vacate the home and related legal shennanigans aimed at frustrating the sale. In re Onubah, 2007 WL 2701336 (Bankr. App. 9th Cir.

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Trustees Can Take Hostages! – They’re Called “Exemptions”

10/21/07

A few weeks ago the Bankruptcy Appellate Panel for the Ninth Circuit issued a decision which all chapter 7 trustees should welcome. The BAP upheld the decision of Bankruptcy Judge Kathleen Thompson, of the Central District of California, surcharging the Debtor’s homestead and household goods exemptions in the amount of the attorney fees and other costs incurred by the Trustee as a result of the Debtor’s refusal to vacate the home and related legal shennanigans aimed at frustrating the sale. In re Onubah, 2007 WL 2701336 (Bankr. App. 9th Cir.

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Bankruptcy Hearings Come to Your iPod

10/21/07

Last summer we had news of a pilot project in which audio recordings of bankruptcy hearings were going to be posted online, as .mp3 files, so that those who didn’t attend a court hearing (either in person or telephonically) can listen to what went on. Its a pilot project now. Three bankruptcy courts and two district courts are supposed to be participating. Since getting the news, I have been checking to find an audio file for a hearing which has been posted on the internet.

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