Miscellaneous Cases

Denial Of Chapter 13 Discharge for Potential Future Debts.

09/09/16

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 later.  There are some exceptions to the general rule, and a Texas Bankruptcy Court addressed one of them recently.

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Georgia Supreme Court: Foreclosure Confirmation Requirements Can be Waived By Borrowers And Guarantors

03/02/16

foreclosure bank ownedDid 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

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Bitcoin – Currency or Commodity For Purposes of §550 And Avoidance Actions? What About Claims?

02/29/16

bitcoin-logo-3d-1024x1024Bitcoin – currency, the equivalent of U.S. dollars, or a commodity more similar to a product or stock?

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Arrested For Not Paying Student Loans? No – The Paul Aker Story Was Essentially Fabricated

02/17/16

akers“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 loans, and was apparently in default.  Paul Aker was sued for the student loan debt, and a j

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Filing Proof Of Claim For Time Barred Debt Violates FDCPA, Says Eleventh Circuit, But They Leave An Escape Hatch.

01/25/16

fdcpa1In 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

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Reese v. Provident Funding: Georgia Court of Appeals Ruling Potentially Invalidates Thousands Of Foreclosures

08/02/12

In a case of first impression, the Georgia Court of Appeals has held that a foreclosure notice must identify both the secured lender and the "individual or entity who shall have full authority to negotiate, amend, and modify all terms of the mortgage with the debtor."  Reese v.

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Ritz Camera, Parent of Wolf Camera and Boaters World, Files Chapter 11 Petition in Delaware

06/22/12

Ritz Camera & Image, LLC, and Ritz Interactive, LLC filed Chapter 11 Petitions in Delaware today.  The Ritz Camera case is Case No. 12-11868 (click here for Chapter 11 petition).  The debtors have filed a Motion for Joint Administration under the Ritz Camera case number.

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