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Judge OKs Bankruptcy Settlement With Former Rothstein Partner

02/28/11

A bankruptcy judge approved a deal struck between a former law partner of Ponzi-scheme operator Scott Rothstein and the bankruptcy trustee suing that partner for several hundred thousand dollars.

Judge Raymond B. Ray of the U.S. Bankruptcy Court in Fort Lauderdale, Fla., on Friday approved a settlement that frees former partner Russell Adler from litigation in exchange for up to $500,000, court papers show.

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The Daily Docket: ‘Old GM’ Creditors Back Chapter 11 Plan

02/28/11

Unsecured creditors have overwhelmingly voted to support the liquidation plan of General Motors’ bankruptcy estate, a proposal that will give those creditors an equity stake in the reorganized auto maker. Read the Daily Bankruptcy Review Story here.

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Who Deals With Creditors During The Bankruptcy?

02/26/11

Once the bankruptcy case is filed, an automatic stay is created. This automatic stay prohibits creditors from contacting debtors directly and prevents further collection efforts. In many instances, the creditors will not receive notice of the bankruptcy proceedings or will be contacting debtors during the interim of the filing and the time in which notice is received. In those instances, the debtor can advise the creditor of the case filing information or refer that creditor directly to their lawyer’s office.

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Credit Counseling Can Be Taken Same Day As Filing

02/12/11

On December 10, 2010, President Obama signed into law the Bankruptcy Technical Corrections Act of 2010. This seven page document of technical changes was necessary to correct several sections of wording, numbering, lettering and indentation. However, the Congress missed their chance to correct some major errors such as the hanging paragraph of Section 1325(a).

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The Repayment Plan within the Chapter 13 Bankruptcy

01/28/11

Chapter 13 bankruptcy can often provide the greatest chance to save a home that is in foreclosure. In addition to the proposed plan to repay mortgage arrears and other creditors, there is often a secondary payment plan once the case is confirmed. The circumstance I am referring to is a default order providing for repayment of past due obligations through the Chapter 13.

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When Can Bankruptcy Stop Creditors From Taking My Property?

01/26/11

No doubt you have heard the terms “unsecured” and “secured” creditors? But what do these terms really mean? In reality, the concepts are quite simple. First off, a creditor is generally someone who is owed money. A common example is when you take out a bank loan. Here you owe the bank a certain amount…

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722 Redemption & Attorney’s Fees

01/24/11

In the case of Valory Denise Ray, the Unites States Trustee moved for disgorgement of fees earned by debtor’s attorney. The fees in question were those earned during a 722 redemption process whereby the redemption company paid a portion of the loan amount as attorney’s fees. The United States Trustee asserted that a conflict of interest existed in that the funds were borrowed from a third party lender. The United States Trustee also asserted that the amount of the fees was excessive.

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Supreme Court in the Driver’s Seat in Ransom v. FIA Card Services

01/15/11

In a significant decision affecting bankruptcy cases throughout the United States, the Supreme Court of the United States has determined that a debtor, who does not make a loan or lease payment, may not take the car ownership deduction. This case has impact on all Chapter 7 and Chapter 13 bankruptcy cases currently being administered by David M. Siegel & Associates, throughout Chicago and the surrounding suburbs.

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Confusion Between Credit Counseling & Debtor Education in Bankruptcy

10/19/10

Some things are inevitable. If an error can be made, it will be. Take for example, when filing for bankruptcy, the requirement of both credit counseling and debtor education. There is a particular sequence or order in which those requirements must be satisfied. Further, there is a proper timing for each requirement.

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Evidence of Foreclosure on a Credit Report

10/18/10

There has been a recent question as to when the fact of foreclosure hits a credit report. The question arose in the context of doing a short sale, after a bankruptcy, to avoid the blemish of a foreclosure as well as a bankruptcy. After research, exploration and after speaking with the credit bureaus, I submit the following:

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