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"Pathetic and cowardly" - Lawyer calls out Byron Scott for declaring bankruptcy to put his sexual assault trial on hold - Basketball Network
"Pathetic and cowardly" - Lawyer calls out Byron Scott for declaring bankruptcy to put his sexual assault trial on hold Basketball Network Read full article
10 Little Rock residents file for bankruptcy protection - Northwest Arkansas Democrat-Gazette
10 Little Rock residents file for bankruptcy protection Northwest Arkansas Democrat-Gazette Read full article
Lakers legend dodges sexual case trial in a controversial move - BasketNews.com
Lakers legend dodges sexual case trial in a controversial move BasketNews.com Read full article
Blogs
Waivers Must Be Knowing, Voluntary and Intelligent
Ever since Stern v. Marshall , bankruptcy lawyers are frequently asked to consent to entry of final orders by the Bankruptcy Court. I routinely agree to consent because the Bankruptcy Court is a familiar forum and the judges are a known quantity. Occasionally I will say no for strategic reasons. Read full article
Debtors Have to Show Up for 727 Trials: A Cautionary Tale
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 subpoenaed. Fed.R.Bankr.P. 4002(a)(2) Read full article
11th Circuit: Subchapter S Election is Not Property of the Bankruptcy Estate
Camp Mystic illustrates That Insurance Can Be Property of the Estate
A motion to lift the automatic stay to allow a tort claimant to proceed against the debtor's insurance coverage is one of the simpler pleadings to file in bankruptcy. Because insurance involves a third party's obligation to defend a suit or pay claims, property of the estate is not implicated. Read full article
Georgia’s New $50,000 Homestead Exemption (And Why It’s Really Worth More)
What Should I Discuss With My Bankruptcy Lawyer? Here Are A Few Things Beyond The Worksheets
Supreme Court Rejects Fifth Circuit's Approach to Judicial Estoppel
The Fifth Circuit has long applied judicial estoppel aggressively when a debtor fails to list a cause of action. It once held (in a panel opinion overruled by the en banc court) that a trustee was bound by a debtor's failure to disclose assets. Reed v. City of Arlington , 620 F.3d 477 (5th Cir. Read full article
