A recent Fifth Circuit opinion brought back memories of a case I was involved with as a young lawyer. The lesson to be learned is that debtors are required to appear for a hearing on a complaint objecting to discharge regardless of whether they have been ... Read full article
The intersection between bankruptcy and personal injury tort claims can be a difficult one, as shown by a new opinion from Judge Marvin Isgur in Case No. 20-33900, In re Tailored Brands, Inc. (Bankr. S.D. Tex. 5/20/21). The opinion can be found here . ... Read full article
In SuVicMon Development, Inc. v. Morrison , __ F.3d __, 2021 WL 1136546 (11th Cir. March 25, 2021) ( click here for .pdf ), the plaintiffs are three corporations that sued the Debtor for fraud and securities violations in state court. ... Read full article
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One hard and fast rule in Bankruptcy is that debts and claims are “set in stone” as of the petition date, or perhaps post-petition if added to the Chapter 13 plan. Bankruptcy Courts and Trustees do not normally police potential debts that may come up ... Read full article
The question of what constitutes a tax “return” for purposes of 11 U.S.C. §523(a)(1) has been the subject of conflicting Circuit Court cases the last several years. ... Read full article
In In re Lawson , Ch. 13 Case No. ... Read full article
Bankruptcy lawyers regularly caution debtors to avoid unusual financial transactions, including credit card charges, cash withdrawals, and the like, prior to filing their case. This is a case in which a pro se debtor withdrew several thousand dollars in ... Read full article
Last week I was at a final hearing on fee applications on behalf of a Chapter 7 Trustee, in a case in which the debtor had failed to disclose a pre-petition personal injury case pending in another state. The defendants in that case ultimately founds out ... Read full article
