Plaintiff judgment creditor’s motion for summary judgment based on issue preclusion was denied. The Court analyzed the preclusive effects of Plaintiff’s two judgments according to the law of the forums in which they were rendered. With respect to the judgment from the federal district court in California, the Court could not determine from the jury…Read more
What Does It Mean To Be Judgment Proof?
I had a gentleman in my office the other day for a consultation. He had made some bad investments which never came to fruition. During the years that he waited on his jackpot, he ran up several credit cards. The plan, of course, was to pay off the credit cards once his investments made it…Read more
New Bankruptcy Court Fees Go Into Effect November 1, 2011
If you’re thinking about bankruptcy, you should know that new court fees take effect November 1, 2011. Below are the new fees for some of the primary costs in bankruptcy court. Chapter 7 Filing Fee – $306.00 Chapter 13 Filing Fee – $281.00 Adversary Proceeding Filing Fee – $293.00 Amendment to Petition Fee – $30.00…Read more
How to Avoid Bankruptcy – Get Rid of Your Car
I lost another potential client today. He was a young guy. His bills, especially his car payment, are overwhelming him. Thing is, he doesn’t need to file bankruptcy. And I told him that. What he needs to do is get rid of his car and start riding the bus. In fact, I also told him…Read more
8th Circuit Bankruptcy Appellate Panel Decision – In re: Mary Joan Lumbar
The Chapter 7 Trustee in the bankruptcy case of Mary Joan Lumbar appeals from the Bankruptcy Court’s judgment in favor of the Debtor’s parents on a fraudulent transfer action, holding that the Debtor could not fraudulently transfer property that would have been exempt. While state law determines the nature of a debtor’s interest in property,…Read more
What Does It Feel Like to Walk Away From Your Mortgage?
It’s no longer news that homeowners all over the United States are struggling to keep their homes. If you find yourself in that position, take comfort in knowing that you are in good company. If you’ve been thinking that your best course might be to let your mortgage lender foreclose on your home, you’ve probably…Read more
6th Circuit Bankruptcy Appellate Panel Decision – In re: Emerson
This is an appeal by Thomas C. Richardson, the Chapter 7 Trustee (the “Trustee”), from an order of the bankruptcy court granting summary judgment to Citimortgage, Inc. (“Citimortgage”) and denying summary judgment to the Trustee on his avoidance action pursuant to Bankruptcy Code Section 544(a)(3). The Trustee argues that Citimortgage’s mortgage on the debtor’s Property…Read more
Am I Too Young To File Bankruptcy?
Maybe my age is catching up with me, but whenever someone in their twenties comes in for a consultation, I always feel a little more protective than I do with the rest of my clients. Being a lawyer is full of contradictions. My livelihood is based on helping people out of rough situations, but I…Read more
Colorado Bankruptcy Court Decision – In re: Shepard
Prior to the entry of the discharge order, the Chapter 7 debtors and one of their secured creditors (“Creditor”) entered into a reaffirmation agreement. Although debtors filed their case with the advice and assistance of an attorney, the attorney had not signed the declaration in support of the reaffirmation agreement. Creditor and debtors, on their…Read more
8th Circuit Bankruptcy Appellate Panel Decision – In re: Thompson
Reshetar Systems, Inc. appeals the January 20, 2011 judgment of the bankruptcy court determining the debt owed to Reshetar Systems, Inc. by Debtor Scott A. Thompson was not excepted from discharge. Bankruptcy Code Section 523(a)(4) excepts from discharge a debt “for fraud or defalcation while acting in a fiduciary capacity[.]” State law may impose fiduciary…Read more
- « Previous Page
- 1
- …
- 27
- 28
- 29
- 30
- 31
- …
- 72
- Next Page »
