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 … [Continue reading]
No Counseling for Involuntary Bankruptcy
Posted on January 12, 2010 Written by
INVOLUNTARY DEBTOR NOT REQUIRED TO OBTAIN PRE PETITION COUNSELING In re Sims, Case No. 08-41668 January 2009, Judge Karlin 109(h) pre petition counseling requirements do not apply to an involuntary debtor. Digest by:Â Jan Hamilton, Trustee … [Continue reading]
Tax Refunds to Attorney Fees then Bankruptcy Trustee
Posted on January 11, 2010 Written by
TAX REFUND ASSIGNMENTS AND CHAPTER 7 In re: Sydmark, Case No. 06-41218 In re: Black-Watkins, Case No. 05-42439 June, 2008, Judge Karlin Lamie v. US and Redmond v. Lentz, Hodes and Wagers redux. Assignment of a tax refund does not divest the … [Continue reading]
Debtor May Be Converted to 7 with No Discharge
Posted on January 11, 2010 Written by
DEBTORS MAY BE CONVERTED TO 7 EVEN THOUGH NOT ELIGIBLE FOR 7 DISCHARGE In re Rogers, Case No. 08-21487 January 2009, Judge Somers In a case in which assets may be liquidated, a 13 may be converted to a 7 even though debtors may not be eligible … [Continue reading]
Do I Have to Pay My Creditor’s Attorneys Fees?
Posted on January 10, 2010 Written by
2016 APPLICATIONS BY CREDITORS In re Loy, Case No. 07-41333 December 2007, Judge Karlin This case contains a discussion of the various issues that are to be considered by court and counsel in the context of a 2016 application by a creditor. This … [Continue reading]
No Credit Counseling Certificate, No Bankruptcy
Posted on January 10, 2010 Written by
109(h) CREDIT COUNSELING NOT OBTAINED WITHIN 180 DAYS IS FATAL In re Gaddis, Case No. 07-40476 June 2007, Judge Karlin Chapter 7 case dismissed for failure to comply with 109(h), in that the credit counseling was not obtained within 180 days of … [Continue reading]
Bankruptcy Mastery Site Launched for New Lawyers
Posted on January 10, 2010 Written by
Cathy Moran, my friend and blogging colleague on the Bankruptcy Law Network, has launched Bankruptcy Mastery, a website to train new consumer bankruptcy lawyers. With 30 years of experience, Cathy is well-qualified to teach and mentor lawyers new … [Continue reading]
Foreclosure No Excuse for No Credit Counseling Before Bankruptcy
Posted on January 10, 2010 Written by
FAILURE TO OBTAIN CREDIT COUNSELING—EXIGENT CIRCUMSTANCES In re Thomas, Case No. 06-10242 March 2006, Judge Nugent Pro se case dismissed for failure to obtain credit counseling. Certificate of exigent circumstances which recites pending … [Continue reading]
11 U.S.C. 109(h)(1)
Posted on January 9, 2010 Written by
§ 109. Who may be a debtor (h)(1) Subject to paragraphs (2) and (3), and notwithstanding any other provision of this section, an individual may not be a debtor under this title unless such individual has, during the 180-day period preceding the … [Continue reading]
Should My LLC or Small Corp File Bankruptcy?
Posted on January 9, 2010 Written by
Should my LCC or small corporation file bankruptcy? Usually not. The general rule of thumb is that single owner corporations or limited liability companies should not file bankruptcy. Occasionally, there is a benefit to filing bankruptcy for a … [Continue reading]
Should I File Bankruptcy Now?
Posted on January 9, 2010 Written by
Should I File Bankruptcy? … [Continue reading]
Surrendered Collateral Doesn’t Count on Bankruptcy Means Test?
Posted on January 9, 2010 Written by
22C EXPENSE NOT PERMITTED ON SURRENDERED COLLATERAL In re Miller, Case No. 07-22927 December 2008, Judge Somers This decision ties to the concepts enunciated in the various Lanning decisions, i.e., to what extent may post petition changes in … [Continue reading]
What Is the Bankruptcy Code?
Posted on January 8, 2010 Written by
The federal bankruptcy law is published in Title 11 of the United States Code, which is one of the series of books containing federal laws. The bankruptcy law is often called the The Bankruptcy Code. … [Continue reading]
Income and Expenses After Bankruptcy Change Chapter 13 Means Test
Posted on January 8, 2010 Written by
REITERATION THAT INCOME AND EXPENSE CHANGES MAY BE CONSIDERED POST PETITION IN 13. In re Tholl, Case No. 07-22677 December 2008, Judge Somers Court reviewed and followed the Melvin decision regarding changes of income and expenses after the … [Continue reading]
Bankruptcy-It Could Happen to Anyone
Posted on January 7, 2010 Written by
Divided We Fail Medical Bills Bankruptcy Americans … [Continue reading]
Deviation from Bankruptcy Means Test for Expenses, Too
Posted on January 7, 2010 Written by
LANNING EXTENDED TO EXPENSE SIDE In re Melvin, Case No. 07-22352 December 2008 Judge Somers Court extended the Lanning analysis and found there was no binding precedent on the issue of whether actual of 22C expenses were mandated and found that … [Continue reading]
