The 11th Circuit Court of Appeals, following a trend among appeals courts, issued an opinion ruling that private employers could make hiring decisions based on whether or not an applicant had previously filed for bankruptcy. The court hung their hat on Section 525(b) of the Bankruptcy Code, which states: No private employer may terminate the…Read more

Occasionally, something will come up after I have filed a client’s case that requires me to amend her bankruptcy petition.  Sometimes, my client will notice something after we have filed.  Sometimes, there has been a change in circumstances that needs to be reflected in their petition.  Fortunately, the Federal Rules of Bankruptcy Procedure allow your…Read more

Trustee objected to Debtor’s claim of “homestead proceeds” exemption for surplus funds from public trustee’s foreclosure sale of Debtor’s former residence which were held in a segregated bank account. Though Colorado’s exemption statute for homestead proceeds explicitly refers only to proceeds from sale by owner or sale following levy and execution, the Court predicted that…Read more

Summary: Creditor appeals bankruptcy court’s decision that Section 1322(b)(2) of the Bankruptcy Code allows a debtor to modify the rights of a mortgagee in a two-family home. Held: Affirmed.   [gview file=http://www.bap1.uscourts.gov/bap.pdf.opinions/10-055P.pdf]

To report suspected bankruptcy fraud, you must prepare a written summary that contains the following information: -Name and address of the person or business you are reporting. -The name of the bankruptcy case, case number, and the location of where the case was filed. -Any identifying information you may have regarding the individual or the…Read more

Although Section 707(b) of the Bankruptcy Code covers a variety of grounds for dismissal of a bankruptcy case, a 707(b) action generally refers to an attempt by the U.S. Trustee, the trustee, or a creditor to ask the bankruptcy court to dismiss a Chapter 7 bankruptcy case on the ground of abuse. A dismissal on…Read more

Section 153(a) of Title 18 of the United States Code defines embezzlement of the estate as knowingly and fraudulently appropriating property of the estate to the person’s own use.  If a person embezzles, spends, or transfers any property or secretes or destroys any document belonging to the estate of a debtor, that person may be …Read more