News Topic: Miscellaneous Cases
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Bankruptcy Judge Calls Out Brown Rudnick’s 50% Increase In Hourly Fees
US Trustee Investigating Possible Scheme to Take Debtors’ Equity in Real Property in Multiple Cases; Lawyer Sanctioned
Terms of Confirmed Chapter 11 Plan Prohibit Malpractice Claim Against Debtor’s Counsel
Bankruptcy and Divorce (Vol. 73) – Agreements to Transfer Property
The Discharge Injunction – Violations and Damages
Obituary of Judge Walter Homer Drake, Jr.
The Trap of Merchant Cash Advances and Financing
If you have a business, you have no doubt received advertisements for “ merchant cash advances ,” “merchant loans” or “merchant financing,” whether or not those specific terms are used. If in doubt, just do a search for those terms and you will get a ... Read full article
Elite Bankruptcy Consulting Firms Battle It Out With Fraud and RICO Claims Related to Bankruptcy Disclosures and Lost Engagements
In Jay Alix, as assignee of AlixPartners, LLP v. ... Read full article
Second Circuit Court Of Appeals: “We Said What We Said” About Brunner Test And Student Loans
Fourth Circuit: Debtors Entitled To Full National And Local Standard Amount Of Expenses If They Incur An Expense In That Category.
Can Non-Citizens, “Undocumented Workers,” and “Illegal Aliens” File For Bankruptcy In The United States?
Can A Secured Manufactured Home Loan Be Modified In Chapter 13? Yes, Says Alabama Court.
Massachusetts Supreme Court: Black Males May Be Justified In Fleeing From Police
Denial Of Chapter 13 Discharge for Potential Future Debts.
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
What?!? Debtors Claim Fraudulent Conveyance For Benefit Of Daughter Was In Return For (Theoretical) Future Care, And They Won!
Georgia Supreme Court: Foreclosure Confirmation Requirements Can be Waived By Borrowers And Guarantors
Did the Georgia Supreme Court effectively repeal the foreclosure confirmation statute by affirming the rights of lenders to include waivers in their standard loan documents for both borrowers and guarantors? That appears to be the case. In PNC ... Read full article
Bitcoin – Currency or Commodity For Purposes of §550 And Avoidance Actions? What About Claims?
Bitcoin – currency, the equivalent of U.S. dollars, or a commodity more similar to a product or stock? ... Read full article
Arrested For Not Paying Student Loans? No – The Paul Aker Story Was Essentially Fabricated
“Believe it or not, the US Marshals Service in Houston is arresting people for not paying their outstanding federal student loans.” So says Fox 26 Houston reporter Isiah Carey. The problem is, this statement is absolutely false. Paul Aker owed student ... Read full article
Filing Proof Of Claim For Time Barred Debt Violates FDCPA, Says Eleventh Circuit, But They Leave An Escape Hatch.
In the last couple of years, claims against creditors for alleged violations of the Fair Debt Collection Practices Act (FDCPA) have become a hot item in Bankruptcy Courts. One such question is whether the filing of a pr ... Read full article