If you are considering debt management instead of bankruptcy, you should know that debt management companies in Colorado are regulated by the Uniform Debt Management Services Act. The Uniform Debt Management Services Act (DMSA) regulates companies that offer and provide debt management services to Colorado residents. It also provides consumer protections. Under Colorado law, Debt…Read more
11th Circuit Court of Appeals Bankruptcy Decision – In Re: Miguel A. Diaz vs. State of FL Dept. of Revenue, Miguel A. Diaz vs. Commonwealth of Virginia Dept of Social Services
The Florida Department of Revenue (“Florida DOR”) and the Virginia Department of Social Services (“Virginia DSS”) appeal the district court’s decision affirming an order of the bankruptcy court holding the agencies in contempt and awarding the debtor, Miguel Diaz, compensatory and punitive damages for the agencies’ alleged violations of the automatic stay and discharge injunction.…Read more
How Do I File Chapter 7 Bankruptcy?
By the time my clients come in for their initial consultation, some of them have done a fair amount of research. They know they need to file and they know what they need to do. They want me to help guide them through the process. But most of my clients are almost completely unfamiliar with…Read more
How Do I Hire a Bankruptcy Attorney in Denver?
If you are thinking about bankruptcy, you want to think long and hard about who you hire to guide you through the bankruptcy process. Imagine taking a rafting trip. Sure, you could get yourself a boat and some oars and dive right in. But an experienced guide can warn you of dangers lurking just below…Read more
9th Circuit Court of Appeals Bankruptcy Decision – Grantham v. Cory
The bankruptcy court determined that Grantham and Saba’s predecessor in interest, Broadway-Acacia, LLC, and the debtor Flamingo 55, Inc., were partners or coventurers in a venture to develop certain property, and that the loan in question was to them for the purpose of pursuing that venture. As a result, the bankruptcy court determined that Grantham…Read more
8th Circuit Court of Appeals Bankruptcy Decision – Burnett v. Burnett
Clarence Burnett (“Mr. Burnett”) reopened his Chapter 13 bankruptcy proceedings and, thereafter, moved the bankruptcy court to hold in contempt his former spouse, Nancy Jo Burnett (“Ms. Burnett”), and her subrogee, West Virginia’s Department of Health and Human Resources, Bureau of Child Support Enforcement (BCSE), for violating the terms of Mr. Burnett’s confirmed Chapter 13…Read more
What If There Were No Such Thing As Bankruptcy?
If you’re thinking about bankruptcy, I’m sure you’ve been doing quite a bit of reading about it. And I’m sure that you’ve come across some things that make you wonder if bankruptcy is a good idea. As I’ve written of before, not everyone has a high opinion of people who use the bankruptcy laws to…Read more
7th Circuit Court of Appeals Bankruptcy Decision – Nick Jakich v. U.S. Trust
Nick Jakich and Jay Dunlap owned a corporation the principal asset of which was a golf course. In October 2006 the corporation’s creditors filed a petition to have Golf declared bankrupt under Chapter 11 of the Bankruptcy Code. Dunlap testified in opposition to the petition, but the bankruptcy court granted it and appointed as trustee…Read more
5th Circuit Court of Appeals Bankruptcy Decision – Wells Fargo Bank, N.A. v. Stewart
1st Circuit Bankruptcy Appellate Panel Decision – Sharfarz v. Goguen
Goguen and Sharfarz entered into a construction contract, whereby Goguen agreed to build a residence for Sharfarz. The contract required Goguen to secure the necessary permits and complete the renovation by March 15, 2007; it also required Sharfarz to make seven progress payments totaling $171,286.00. As the construction stalled through October and November 2006, Goguen…Read more
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