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What If Debtor Destroys Collateral?

Posted on January 12, 2010 by Jill Michaux, Topeka Consumer Bankruptcy Attorney

INTENTIONAL DESTRUCTION OF COLLATERAL? In re Murrow, Case No. 07-41061 March 2008, Judge Karlin Creditor was give an additional time to amend its complaint. Debtor took the 5th but the intimation of the discussion in the decision is that debtor likely intentionally destroyed the vehicle but insufficient facts were alleged. Digest by: Jan Hamilton, Trustee

Tags: 5th amendment, complaint, Discharge, dischargeability of debt, extension of time, intentional destruction of collateral, Judge Karlin, Murrow

What is an Bankruptcy Adversary Proceeding?

Posted on December 13, 2009 by Jill Michaux, Topeka Consumer Bankruptcy Attorney

Adversary proceeding: A lawsuit filed in the bankruptcy court which is related to the debtor’s bankruptcy case. Examples are complaints to determine the dischargeability of a debt and complaints to determine the extent and validity of liens.

Tags: adversary proceeding, bankruptcy adversary proceeding, bankruptcy case, bankruptcy court, dischargeability of debt, extent and validity of lien

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