chapter 7

It's well-established that a corporation has an attorney-client privilege and can assert it to keep communications between the corporation and its attorneys confidential. When a corporation is solvent, its officers and directors maintain the right to assert -- or waive -- the attorney-client privilege on behalf of the corporation, and control who has access to privileged communications.

It’s well-established that a corporation has an attorney-client privilege and can assert it to keep communications between the corporation and its attorneys confidential. When a corporation is solvent, its officers and directors maintain the right to assert — or waive — the attorney-client privilege on behalf of the corporation, and control who has access to privileged communications.

When someone borrows money from another person and then is unable, or simply unwilling, to pay back the loan the lender can feel that the borrower stole his money or defrauded him out of money. Can a creditor challenge the Chapter 7 bankruptcy discharge of a personal loan on the basis of theft, fraud, embezzlement, or like theory?

I received a call from an estate and probate attorney about one of his probate clients who filed Chapter 7 bankruptcy in Florida. The bankruptcy debtor had been appointed as personal representative of an estate before he had filed bankruptcy. Estate administration is ongoing.

Saw three couples this month who needed to file bankruptcy, because they were getting sued–garnished in one case–by the second mortgage after a short sale.

It was surprising that they were surprised.   At the peak of the crisis, for or five years ago, second mortgages would take what they could get at a short sale and let the rest of it go.  But they don’t often do that anymore.  (At least not without intense negotiation.  I’ve seen it once in the last year.)