Florida Bankruptcy Case Law Update March 19, 2015 Central Florida Bankruptcy Law Association

Size: px
Start display at page:

Download "2014-2015 Florida Bankruptcy Case Law Update March 19, 2015 Central Florida Bankruptcy Law Association"

Transcription

1 Jurisdiction/Authority/Standing Florida Bankruptcy Case Law Update March 19, 2015 Central Florida Bankruptcy Law Association Presented by Bradley M. Saxton, Esq C. Andrew Roy, Esq Winderweedle, Haines, Ward & Woodman, PA Executive Benefits Ins. Agency v. Arkison 2014 WL (2014). Proposed findings of fact submitted to district court via an appeal satisfied constitutional requirement of Article III court exercising the judicial power of the United States. Law v. Siegel 134 S.Ct (2014) Section 105(a) does not empower bankruptcy court to go beyond the provisions of the code. In re Fisher Island Investments --- F.3d ----, 2015 WL (11th Cir. Feb. 20, 2015) Bankruptcy court had constitutional authority to render final decision on who owned putative debtor for purposes of determining whether an involuntary petition was consented to or contested. JY Creative Holdings v. McHale 2015 WL (M.D. Fla. Feb. 10, 2015) (Moody, J.) Receiver appointed by district court in action arising from breach of commercial loan documents had authority over corporate debtors and had the power to put the corporate debtors into voluntary chapter 11 cases. Owner of the debtors sought dismissal, but was denied. The district court affirmed denial of the motion to dismiss. In re Organized Confusion 2015 WL (M.D. Fla. Feb. 19, 2015) (Bucklew, J.) After thorough analysis of applicable standard, district court denied motion to withdraw the reference from the bankruptcy court in seven related adversary proceedings concerning fraudulent transfers where plaintiff-trustee requested a jury trial. All aspects of the adversary proceedings remained with the bankruptcy court, and if the jury trial issue arose, the district court would address it at that time. Atkinson v. Ernie Haire Ford, Inc. 764 F.3d 1321 (11th Cir. Sept. 4, 2014) Adversary defendant does not have standing to appeal because it was not a person aggrieved.

2 Bar Orders In re Seaside Engineering & Surveying, Inc. --- F.3d ----, 2015 WL (11th Cir. March. 12, 2015) Eleventh Circuit affirmed non-debtor releases contained in chapter 11 plan. Bankruptcy court had authority to enter non-debtor releases or bar orders and did not abuse its discretion in doing so. Iberiabank v. Geisen --- F.3d ----, 2015 WL (11th Cir. Jan. 23, 2015) Basic release language in confirmed chapter 11 plan was sufficient to eliminate claims against principal, especially because the plan detailed the contributions of the principal to the plan. Release affirmed by Eleventh Circuit. In re Land Resource, LLC 2014 WL (M.D. Fla. Feb. 10, 2014) (Honeywell, J.) Bar order allowed as part of chapter 7 trustee settlement; see In re Superior Homes. Lien Stripping Bank of America, N.A. v. Caulkett Bank of America, N.A. v. Toledo-Cardona In re Lopez, 2014 WL (11th Cir. Sept. 3, 2014) In Nemcik, 2014 WL (11th Cir. Sept. 3, 2014) In re Phillips, 2014 WL (11th Cir. Sept. 29, 2014) Eleventh Circuit again affirms lien stripping in a chapter 7 case based on McNeal and Folendore. In re Steffen (11th Cir. Jan. 16, 2014) Sale consummated before objector could obtain stay pending appeal rendered the appeal moot. In re Scantling 2014 WL (11th Cir. 2014). Eligibility for discharge in chapter 20 has no bearing on debtor s ability to strip lien. La Paz at Boca Pointe Phase II Condominium Association v. Bandy 2014 WL (S.D. Fla. Dec. 8, 2014) (Rosenberg, R.) In re Catalano 510 B.R. 654 (Bankr. M.D. Fla. June 5, 2014) (Jennemann, J.) Entry of a certificate of sale by a state court post-discharge in foreclosure action by junior lienholder prevents strip off of the junior lien. Under Florida law, once the certificate of sale is entered, the debtor loses any equitable interest in the property. In re Meddock 2014 WL (Bankr. M.D. Fla. Dec. 10, 2014) (Jennemann, J.) Proper date of valuation for lien stripping is petition date, not date on which motion to strip lien is filed or the date of the valuation hearing.

3 Chapter 11 Plans In re New River Dry Dock, Inc WL (Bankr. M.D. Fla. March 21, 2014) (May, J.) Deferred surrender of collateral in chapter 11 plan does not satisfy the indubitable equivalent standard for cramdown. Baggett Bros. Farm, Inc. v. Altha Farmers Co-op, Inc WL (Fla. 1st DCA Oct. 9, 2014) If confirmed plan does not contain acceleration language, creditor can only sue for damages based on existing breaches. Recovery of Assets/Exemptions In re Bifani 2014 WL (11th Cir. Sept. 11, 2014) Trustee successfully avoided fraudulent transfer and obtained equitable lien against debtor s homestead; ill-gotten proceeds. Kahama VI, LLC v. HJH, LLC 2014 WL (M.D. Fla. Sept. 17, 2014) District court granted summary judgment in favor of law firm defending against fraudulent transfer action by creditor, distinguishing case from In re Harwell, 628 F.3d 1312 (11th Cir. 2010), and noting that case was based on Florida s fraudulent transfer statutes, not bankruptcy law. In re Espinosa 2014 WL (Bankr. M.D. Fla. June 11, 2014) (Jennemann, J.) Chapter 7 trustee was only entitled to administrative expenses as surcharge against rents collected by the estate prior to sale of property. Creditor with lien on rents was entitled to its cash collateral, and no equitable exception existed to allow trustee to retain post-petition rents. In re Swarup 521 B.R. 382 (Bankr. M.D. Fla. Dec. 15, 2014) (Jennemann, J.) Court overruled chapter 7 trustee s objection to exemptions regarding three retirement accounts the debtor received via a property settlement in her ex-husband s bankruptcy case. Before the settlement was approved by order of the other bankruptcy court, the debtor filed this case, and the trustee disputed the debtor s ability to exempt an inchoate interest. The broad language of Fla. Stat permitted the exemption, even if the debtor s interest in the accounts was merely equitable at the time of filing. In re Fitzpatrick 521 B.R. 698 (Bankr. M.D. Fla. Dec. 18, 2014) (Jennemann, J.) Chapter 7 trustee objected to debtor s claim of the Florida wildcard exemption; trustee argued that debtor was receiving benefit of the homestead exemption because non-debtor co-owner of home can claim homestead exemption and prevent the administration of the home by the trustee. The court overruled the objection because the non-debtor co-owner waived his right to claim homestead protection, although the debtor still claimed the property as exempt via tenancy by the entireties. Kapila v. SunTrust Mortgage, Inc. (In re Pearlman) 515 B.R. 887 (Bankr. M.D. Fla. Nov. 5, 2014) (Jennemann, J.) Single satisfaction rule prevented trustee from recovering for mortgage lender on fraudulent transfer claims because the estate, pre-petition, recovered the transferred funds via from the proceeds of a sale of collateral by a related entity.

4 In re Simmons 520 B.R. 136 (Bankr. M.D. Fla. Dec. 2, 2014) (Jennemann, J.) Insurance claim arose from sinkhole damage to debtors property, and while claim was being negotiated with insurer, debtors filed a chapter 13 case. After resolving the claim with the insurer and their mortgage lender, debtors converted to chapter 7. Bad faith claim against insurer was property of the estate, and the trustee was proper party to settle bad faith claim with insurer. Although the bad faith claim was not ripe as of the date the debtors filed their petition because one element (determination of the amount of liability) had not occurred, the conduct giving rise to the claim occurred pre-petition to make the claim property of the estate. Court also denied debtors attempts to reconvert chapter 13 case to retake control of the bad faith claim 2014 WL In re Knott 2015 WL (Bankr. M.D. Fla. Jan. 20, 2015) (Jennemann, J.) Debtor and other plaintiffs sued defendant in state court regarding a business dispute. Defendant sought to purchase the bankruptcy estate s interest in the state court litigation, and trustee sought to approve the sale for $5,000. The debtor and the other plaintiffs in the state court action objected to the sale, and the bankruptcy court declined to approve the sale. The bankruptcy court allowed the debtor to pursue the state court cause of action with any recovery inuring to the benefit of the estate. Creditors Beware In re Rosenberg --- F.3d ----, 2015 WL (11th Cir. Feb. 27, 2015) Eleventh Circuit addressing several different aspects of fee awards in the involuntary petition context. Award of fees and costs following dismissal of an involuntary petition for prosecuting bad faith claim for damages is within the discretion of the bankruptcy court. Fees could also be awarded for defending dismissal on appeal. In re Brown 2014 WL (Bankr. M.D. Fla. Feb. 11, 2014) (McEwen, J.) Failure to pursue legal action within five years of acceleration of mortgage renders the mortgage lien expired as a matter of law. In re Plummer 2014 WL (Bankr. M.D. Fla. March 25, 2014) (Jennemann, J.) When debtor surrenders property, the debtor cannot interfere with the secured creditor s ability to take possession. Nevertheless, secured creditor seeking attorneys fees from debtor in foreclosure action is a violation of discharge injunction. Crawford v. LVNV Funding, LLC 2014 WL (11th Cir. July 10, 2014) Proof of claim based on time-barred debt violates FDCPA In re Trussel 2015 WL (Bankr. M.D. Fla. March 5, 2015) (Jennemann, J.) Secured creditor was not entitled to injunctive relief compelling debtor to surrender property and cease asserting affirmative defenses in the foreclosure action. Evidence presented did not support argument that debtor failed to comply with his duties under section 521 regarding statement of intentions. Debtor attempted to reaffirm the debt, but could not reach an agreement with the creditor. The creditor s desire to short-circuit the debtor s legitimate defenses was not grounds for the relief the creditor requested.

5 In re Baltzer 2014 WL (Bankr. M.D. Fla. Dec. 11, 2014) (Jennemann, J.) Creditor s numerous violations of the discharge injunction by continuing to send correspondence to debtor resulted in the imposition of an award of actual damages in the amount of $112, The court also awarded punitive damages in the same amount. In re Able Body Temporary Services 2015 WL (M.D. Fla. Feb. 25, 2015) (Merryday, J.) Creditor, Regions Bank, objected to a 9019 motion to approve a compromise between the trustee and litigants concerning a business dispute. Regions argued that it was entitled to discovery and an evidentiary hearing on the 9019 motion. The record established that the bankruptcy court carefully evaluated the Justice Oaks factors and apprised itself of the facts presented by the trustee. Regions had sufficient time to request discovery, but did not. The bankruptcy court otherwise properly approved the settlement. Discharge/Dischargeability In re Roberts-Dude --- Fed. Appx , 2015 WL (11th Cir. Feb. 11, 2015) Discusses in some detail the justifiable reliance element of a fraud claim under 523(a)(2)(A). The Court concludes that a title company with a title company s reliance upon the debtor s misrepresentations when it issued a title insurance policy on property which had liens which were not discovered. In re Faidengold (Aug.) Eleventh circuit analyzed non-dischargeability under section 523(a)(2)(A) and under the facts of the case finds that the debt was as a simple loan with no intent to defraud. In re Tobkin 2014 WL (11th Cir. Aug. 28, 2014) Florida Bar disciplinary fine not dischargeable in bankruptcy. In re Garner 515 B.R. 643 (Bankr. M.D. Fla. Sept. 5, 2014) (Jennemann, J.) Before debtor filed his bankruptcy case, Texas Attorney General sued debtor in Texas claiming debtor violated Texas consumer protection laws. The debtor then sought relief under chapter 7. The Attorney General filed a complaint to except its claims from the debtor s discharge, and the bankruptcy court abated the adversary proceeding to allow the Texas proceedings to conclude. The Attorney General and the bankruptcy trustee reached a settlement that resulted in a final judgment. The bankruptcy court declined to provide collateral estoppel effect to the final judgment, but nevertheless entered summary judgment against the debtor because he failed to respond to the dischargeability complaint. Non-dischargeable judgment for $12,100,000 in restitution, $640,000 in attorney fees, and $24,000,000 in civil penalties. In re Soderstrom 524 B.R. 835 (Bankr. M.D. Fla. Jan. 22, 2015) (Jennemann, J.) Investor in failed real estate development sought to have investment claim against debtor deemed non-dischargeable pursuant to section 523(a)(2)(A). The court found that the debtor made a false representation to the investor when he stated his investment of $800,000 would be used to complete a build-out when, in fact, the debtor really wanted the investment monies to immediately repay himself and to divest himself of any meaningful interest in the development project. The court further found that the investor justifiably relied on the debtor s statement concerning the use of the investment funds, despite warning from attorney regarding peculiar provisions in investment agreements. The

6 court determined the investor s loss attributable to the debtor s false representations in the amount of $811,000 was non-dischargeable. In re Vaughn 2014 WL (Bankr. M.D. Fla. June 4, 2014) (Jennemann, J.) Chapter 7 trustee sought to deny the debtors their discharge because the debtors failed to comply with a turnover order issued by the court. The turnover order stemmed from the debtors selling nonexempt property of the estate post-petition and concealing that fact from the trustee and the court. The court granted the trustee s motion for summary judgment and denied the debtors discharge. Accel Motorsports Inc. v. Rosario (In re Rosario) 2015 WL (Bankr. M.D. Fla. Jan. 13, 2015) (Jennemann, J.) Car dealer sought entry of a default judgment against the debtor/defendant determining that its $124,400 state court default judgment was nondischargeable under 523(a)(2)(A) and (a)(6). Court afforded collateral estoppel effect to state court judgment with respect to the fraud and conversion portion of the state court judgment. However, the court also held car dealer failed to establish a basis for determining the portion of the judgment related to $75,300 of worthless checks transferred after the defendant took possession of the related vehicles was nondischargeable because plaintiff failed to show its justifiable reliance on the worthless checks. In re Rathel 514 B.R. 694 (Bankr. M.D. Fla. Aug. 19, 2014) (Briskman, J.) The debtor (an attorney with self-proclaimed bankruptcy experience) bought a home from the plaintiff, which in part was secured by a second mortgage held by the plaintiff. During the negotiations to purchase the home, the debtor made certain representations that he would repay the loan, including that the loan could not be discharged in a bankruptcy, foreclosure, or any other type of insolvency proceeding, which representations were then later put in writing. The debtor further represented that if he failed to pay the loan, the loan would be repaid through the sale of other property that the debtor owned. The bankruptcy court found that the statements made by debtor were knowingly false regarding the ability to discharge a loan in bankruptcy. In addition, the debtor failed to disclose the sale of the other property to the plaintiff when the parties negotiated a loan extension. Thus, the court found that the debtor s silence as to the falseness of the representation when negotiating the loan extension constituted false pretenses within the context of section 523(a)(2)(A) of the Bankruptcy Code. In re Johnson 2014 WL (Bankr. M.D. Fla. April 2, 2014) (Briskman, J.) Debtor, who had net disposable income of $800 per month, did not satisfy requirements of Brunner test to discharge student loans. In re Bumps 2014 WL (Bankr. M.D. Fla. Jan. 15, 2014) (Briskman, J.) Debtor, who had net disposable income of $ per month, who has minimized expenditures, and who proved that she is unlikely to obtain employment to sustain minimal living standards and the student loan payments, was entitled to partial discharge of her guaranty of her daughter s student loans pursuant to the Brunner test.

7 Attorneys in Trouble Wortley v. Chrispus Venture Capital, LLC (In re Global Energies, LLC) (Aug) Eleventh Circuit remanded with directions to bankruptcy court to determine sanctions against party and attorney for sanctions for withholding evidence and permitting false testimony. In re Whitehill 2014 WL (Bankr. M.D. Fla. Aug. 12, 2014) (Jennemann, J.) Attorney failed to comply with local rule that required the retention of original signature documents for at least four years after the closing of a case. In re Demarea --- B.R. ----, 2015 WL (Bankr. S.D. Fla. Feb. 18, 2015) (Olson, J.) What?!/Misc. In re The Sanibel Diamond Store, LLC 2014 WL (Bankr. M.D. Fla. March 5, 2014) (Delano, J.) City s failure to object to sale order effectively prohibited City from strictly enforcing permitting of sign walkers. Sportmans's Link v. Overstreet 2014 WL (11th Cir. Dec. 10, 2014) Owner of chapter 11 debtor personally paid for bankruptcy attorney retainer before filing. Case converted to chapter 7 and the owner sought to disgorge the retainer. Owner lacked standing. In re Ruiz 515 B.R. 362 (Bankr. M.D. Fla. Sept. 5, 2014) (Jennemann, J.) Law firm representing debtor cannot unbundle services to limit scope of representation to preparing the petition, but not signing the petition or attending the 341 meeting or any hearings, effectively leaving the debtor to proceed pro se. The firm was obligated to sign the petition and provide the representation required by Local Rule The court ordered the law firm s fee disgorged. In re Bailly 522 B.R. 711 (Bankr. M.D. Fla. Dec. 11, 2014) (Jennemann, J.) Section 365(p) permits a debtor to assume a lease without having to also follow the reaffirmation procedure under section 524(c) and without the bankruptcy court playing a role in the assumption of the lease. The court stated: Parties do not need to file any motion or stipulation seeking approval for any lease assumption. Let me restate, parties do not need my permission for a debtor to assume a lease or for a creditor to enforce the assumed lease.

Florida Bankruptcy Case Law Update

Florida Bankruptcy Case Law Update Florida Bankruptcy Case Law Update October 2014 Cases Editors of the Florida Bankruptcy Case Law Update Bradley M. Saxton and C. Andrew Roy Winderweedle, Haines, Ward & Woodman, P.A. This Month s Author

More information

Florida Bankruptcy Case Law Update

Florida Bankruptcy Case Law Update Florida Bankruptcy Case Law Update August 2014 Cases Author Susan Heath Sharp Stichter, Riedel, Blain & Prosser, P.A. Organizers and Editors Bradley M. Saxton and C. Andrew Roy Winderweedle, Haines, Ward

More information

Florida Bankruptcy Case Law Update

Florida Bankruptcy Case Law Update Florida Bankruptcy Case Law Update February 2014 Cases Mark Mitchell and Timothy D. Hedrick Editors: Bradley M. Saxton and C. Andrew Roy Eleventh Circuit Opinions In re Antonini ---F. App x---, 2014 WL

More information

Florida Bankruptcy Case Law Update

Florida Bankruptcy Case Law Update Florida Bankruptcy Case Law Update October 2015 Cases Editors of the Florida Bankruptcy Case Law Update Bradley M. Saxton and C. Andrew Roy Winderweedle, Haines, Ward & Woodman, P.A. Miller v. Miller (In

More information

BANKRUPTCY ISSUES RELATED TO MORTGAGE FORECLOSURES

BANKRUPTCY ISSUES RELATED TO MORTGAGE FORECLOSURES TABAS FREEDMAN Attorneys One Flagler Building 14 Northeast First Avenue, Penthouse Miami, Florida 33132 Telephone 305.375.8171 Facsimile 305.381.7708 www.tabasfreedman.com Gary M. Freedman gfreedman@tabasfreedman.com

More information

Florida Bankruptcy Case Law Update

Florida Bankruptcy Case Law Update Florida Bankruptcy Case Law Update April 2015 Cases Editors of the Florida Bankruptcy Case Law Update Bradley M. Saxton and C. Andrew Roy Winderweedle, Haines, Ward & Woodman, P.A. This Month s Authors

More information

HOMEOWNERS ASSOCIATIONS AND BANKRUPTCY - STRATEGIES

HOMEOWNERS ASSOCIATIONS AND BANKRUPTCY - STRATEGIES HOMEOWNERS ASSOCIATIONS AND BANKRUPTCY - STRATEGIES DENNIS J. LeVINE, ESQ. Fla. Bar No. 375993 Dennis LeVine & Associates, P.A. P.O. Box 707 Tampa, Florida 33601 (813) 253-0777 (813) 253-0975 (fax) dennis@bcylaw.com

More information

IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION. v. AP No. 08-70044 MEMORANDUM OF DECISION

IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION. v. AP No. 08-70044 MEMORANDUM OF DECISION Document Page 1 of 16 IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION IN RE: DENISE L. EVANS, Case No. 08-71204-CMS-07 Debtor. PREMIER SELF STORAGE, LLC., Plaintiff,

More information

Chapter 7 Liquidation Under the Bankruptcy Code

Chapter 7 Liquidation Under the Bankruptcy Code From Administrative Office of the United States Courts, Bankruptcy Basics, Public Information Series. Chapter 7 Liquidation Under the Bankruptcy Code The chapter of the Bankruptcy Code providing for "liquidation,"

More information

Case 08-01176-AJC Document 1 Filed 03/01/2008 Page 1 of 12 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION

Case 08-01176-AJC Document 1 Filed 03/01/2008 Page 1 of 12 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION Case 08-01176-AJC Document 1 Filed 03/01/2008 Page 1 of 12 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION In re: JOSE SANCHEZ Case No.: 01-42230-BKC-AJC and FANNY SANCHEZ, Chapter

More information

Bankruptcy Filing and Federal Employment Taxes. Bad investments, too great an assumption of risk, circumstances beyond their control.

Bankruptcy Filing and Federal Employment Taxes. Bad investments, too great an assumption of risk, circumstances beyond their control. I. What causes someone to file for bankruptcy? Bad investments, too great an assumption of risk, circumstances beyond their control. II. The options A. Individuals Chapter 7, Chapter 11, i Chapter 13 B.

More information

Individual Bankruptcy A Client's Guide to the Language and Procedure

Individual Bankruptcy A Client's Guide to the Language and Procedure Individual Bankruptcy A Client's Guide to the Language and Procedure BAKKE NORMAN L A W O F F I C E S Welcome Thank you for considering Bakke Norman, S.C. to represent your interests. This booklet will

More information

SAMPLE BANKRUPTCY DISCHARGE FORM Page 1 of 2

SAMPLE BANKRUPTCY DISCHARGE FORM Page 1 of 2 One Division Avenue Room 200 Grand Rapids, MI 49503-3132 Phone : (616) 456-2693 http://www.miwb.uscourts.gov/ WHAT IS CHAPTER 7 BANKRUPTCY? Chapter 7 bankruptcy, sometimes call a straight bankruptcy is

More information

Bankruptcy Law Firm Ursula Jones, Attorney

Bankruptcy Law Firm Ursula Jones, Attorney ATTORNEY-CLIENT BANKRUPTCY RETAINER AGREEMENT The Client(s) hereby enter into this Attorney-Client Retainer Agreement with Ursula Jones ( Attorney ). 1. TOTAL FEES AND COSTS (a) Fixed Fee: A fixed fee

More information

ORDERED in the Southern District of Florida on November 17, 2011.

ORDERED in the Southern District of Florida on November 17, 2011. Case 11-01923-EPK Doc 38 Filed 11/17/11 Page 1 of 9 [Tagged Opinion] ORDERED in the Southern District of Florida on November 17, 2011. Erik P. Kimball, Judge United States Bankruptcy Court UNITED STATES

More information

Advanced Bankruptcy for Bankers. Candace C. Carlyon, Esq. www.sheacarlyon.com

Advanced Bankruptcy for Bankers. Candace C. Carlyon, Esq. www.sheacarlyon.com Advanced Bankruptcy for Bankers Candace C. Carlyon, Esq. www.sheacarlyon.com 1 Pre Bankruptcy Review loan files, confirm collateral security, obtain as much information as possible Consider timing of remedies

More information

CHRISTMAN & FASCETTA, LLC FLAT FEE AGREEMENT AND HOURLY FEE PROVISIONS

CHRISTMAN & FASCETTA, LLC FLAT FEE AGREEMENT AND HOURLY FEE PROVISIONS CHRISTMAN & FASCETTA, LLC FLAT FEE AGREEMENT AND HOURLY FEE PROVISIONS, (hereinafter referred to as client or you ), hereby engages the Law Offices of Christman & Fascetta, LLC to prepare and file a Chapter

More information

Frequently Asked Questions. for. Chapter 7 Debtors

Frequently Asked Questions. for. Chapter 7 Debtors Frequently Asked Questions for Chapter 7 Debtors The information contained in this document is provided as a service to our clients, and does not constitute legal advice. We try to provide quality information,

More information

Thomas M. Gore McCorkle & Johnson, LLP Savannah, Georgia 912-232-6000. Table of Contents. I. Overview of Creditor s Rights...1

Thomas M. Gore McCorkle & Johnson, LLP Savannah, Georgia 912-232-6000. Table of Contents. I. Overview of Creditor s Rights...1 PROTECTING CREDITORS IN BANKRUPTCY Thomas M. Gore McCorkle & Johnson, LLP Savannah, Georgia 912-232-6000 Table of Contents I. Overview of Creditor s Rights...1 A. Overview of Chapters 7, 11, and 13...1

More information

Representing Creditors in Consumer Bankruptcy Cases

Representing Creditors in Consumer Bankruptcy Cases 4 Representing Creditors in Consumer Bankruptcy Cases Michael P. Hogan Craig B. Rule Marcy J. Ford John P. Kapitan I. Overview 4.1 II. General Considerations A. Filing Proofs of Claim 4.2 B. The Automatic

More information

BANKRUPTCY LAW MANUAL

BANKRUPTCY LAW MANUAL BANKRUPTCY LAW MANUAL FIFTH EDITION THE HONORABLE NANCY C. DREHER CHIEF UNITED STATES BANKRUPTCY JUDGE, DISTRICT OF MINNESOTA MEMBER, UNITED STATES EIGHTH CIRCUIT BANKRUPTCY APPELLATE PANEL (1997-2005)

More information

UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF MICHIGAN. NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE

UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF MICHIGAN. NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE B 201A (Form 201A) (11/11) UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF MICHIGAN NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE In accordance with 342(b) of the Bankruptcy Code,

More information

BANKRUPTCY TERMINOLOGY

BANKRUPTCY TERMINOLOGY ADVERSARY PROCEEDING BANKRUPTCY TERMINOLOGY A lawsuit arising in or related to a bankruptcy case that is commenced by filing a complaint with the bankruptcy court. ASSUME An agreement to continue performing

More information

Florida Bankruptcy Case Law Update

Florida Bankruptcy Case Law Update Florida Bankruptcy Case Law Update November 2014 Cases Editors of the Florida Bankruptcy Case Law Update Bradley M. Saxton and C. Andrew Roy Winderweedle, Haines, Ward & Woodman, P.A. This Month s Author

More information

BANKRUPTCY INFORMATION SHEET

BANKRUPTCY INFORMATION SHEET BANKRUPTCY INFORMATION SHEET BANKRUPTCY LAW IS A FEDERAL LAW. THIS SHEET GIVES YOU SOME GENERAL INFORMATION ABOUT WHAT HAPPENS IN A BANKRUPTCY CASE. THE INFORMATIONHERE IS NOT COMPLETE. YOU MAY NEED LEGAL

More information

Bankruptcy And Property Of The Estate - An Overview

Bankruptcy And Property Of The Estate - An Overview IMPACT OF BANKRUPTCY ON DOMESTIC RELATIONS CASES Honorable K. Rodney May United States Bankruptcy Judge Tampa, Florida September 2012 1. Bankruptcy -- Overview. A bankruptcy case begins with the filing

More information

Bankruptcy 101 A Guide to Personal Bankruptcy. Brought to you by Jon Martin, Esq. Http://www.TheSinCityLawyer.com

Bankruptcy 101 A Guide to Personal Bankruptcy. Brought to you by Jon Martin, Esq. Http://www.TheSinCityLawyer.com Bankruptcy 101 A Guide to Personal Bankruptcy Brought to you by Jon Martin, Esq. Http://www.TheSinCityLawyer.com Bankruptcy laws help people who can no longer pay their creditors get a fresh start by liquidating

More information

Bankruptcy Issues in Foreclosure Actions. Andrew J. Zeigler

Bankruptcy Issues in Foreclosure Actions. Andrew J. Zeigler Bankruptcy Issues in Foreclosure Actions Andrew J. Zeigler Bankruptcy Automatic Stay 11 U.S.C. 362 Once a bankruptcy petition is filed all collection activities must stop immediately. Applies to all creditors

More information

Gorman v. Birts, Civil Action No. 1:12cv427 (LMB/TCB), 2012 U.S. Dist. LEXIS 107811 (E.D. Va. Aug. 1, 2012)

Gorman v. Birts, Civil Action No. 1:12cv427 (LMB/TCB), 2012 U.S. Dist. LEXIS 107811 (E.D. Va. Aug. 1, 2012) Fourth Circuit Note: The Fourth Circuit has issued no bankruptcy appellate decisions in August 2012 other than per curiam opinions affirming the district court without discussion (see first entry). Tyler

More information

Case 6:14-bk-09462-CCJ Doc 48 Filed 07/20/15 Page 1 of 7

Case 6:14-bk-09462-CCJ Doc 48 Filed 07/20/15 Page 1 of 7 Case 6:14-bk-09462-CCJ Doc 48 Filed 07/20/15 Page 1 of 7 ORDERED. Dated: July 20, 2015 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION www.flmb.uscourts.gov In re: RICHARD S.

More information

Chapter 13: Repayment of All or Part of the Debts of an Individual with Regular Income ($235 filing fee, $39 administrative fee: Total fee $274)

Chapter 13: Repayment of All or Part of the Debts of an Individual with Regular Income ($235 filing fee, $39 administrative fee: Total fee $274) B 201A (Form 201A) (12/09) WARNING: Effective December 1, 2009, the 15-day deadline to file schedules and certain other documents under Bankruptcy Rule 1007(c) is shortened to 14 days. For further information,

More information

Disclosure Pursuant to 11 u.s.c. 527(a)(2)

Disclosure Pursuant to 11 u.s.c. 527(a)(2) Disclosure Pursuant to 11 u.s.c. 527(a)(2) You are notified: 1. All information that you are required to provide with a petition and thereafter during a case under the Bankruptcy Code is required to be

More information

adversary proceeding - A lawsuit arising in or related to a bankruptcy case that is commenced by filing a complaint with the court.

adversary proceeding - A lawsuit arising in or related to a bankruptcy case that is commenced by filing a complaint with the court. Terminology adversary proceeding - A lawsuit arising in or related to a bankruptcy case that is commenced by filing a complaint with the court. assume - An agreement to continue performing duties under

More information

Initial Consultation Agreement and Acknowledgment of Receipt of Disclosures

Initial Consultation Agreement and Acknowledgment of Receipt of Disclosures Initial Consultation Agreement and Acknowledgment of Receipt of Disclosures This agreement is entered into by and between the undersigned and David Gaffney, Attorney At Law, doing business as Gaffney Law

More information

INITIAL REQUIRED NOTICES FOR BANKRUPTCY CLIENTS

INITIAL REQUIRED NOTICES FOR BANKRUPTCY CLIENTS INITIAL REQUIRED NOTICES FOR BANKRUPTCY CLIENTS You are hereby requesting the opportunity to consult with and obtain information and advice from Michael Jones and the Law Office of James P. Cronn ( Law

More information

IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION In re: ) Chapter 7 Liquidation ) marchfirst, INC., et al., ) CASE NO. 01 B 24742 ) (Substantively Consolidated)

More information

DISCHARGE. The Discharge in Bankruptcy. From an individual. debtor s standpoint, one. of the primary goals of. filing a bankruptcy case

DISCHARGE. The Discharge in Bankruptcy. From an individual. debtor s standpoint, one. of the primary goals of. filing a bankruptcy case The Discharge in Bankruptcy DISCHARGE The bankruptcy discharge varies depending on the type of case a debtor files: chapter 7, 11, 12, or 13. This Public Information Series pamphlet attempts to answer

More information

TYPES OF BANKRUPTCY There are three main types of bankruptcy cases. These are referred to by their chapter number in the Bankruptcy Code.

TYPES OF BANKRUPTCY There are three main types of bankruptcy cases. These are referred to by their chapter number in the Bankruptcy Code. SOME INFORMATION ABOUT BANKRUPTCY People who are having trouble paying their debts sometimes consider bankruptcy as a remedy for this situation. An individual, called a debtor, usually files bankruptcy

More information

Ms. Steffen's Bankruptcy Case

Ms. Steffen's Bankruptcy Case T.C. Memo. 2012-264 UNITED STATES TAX COURT PAUL A. BILZERIAN AND TERRI L. STEFFEN, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 3648-98. Filed September 12, 2012. Paul A. Bilzerian

More information

Presented by Gina Silvestri, Esq.

Presented by Gina Silvestri, Esq. Why file for a Bankruptcy? Loss of job? Medical bills? Foreclosure? Divorce? Just a run of bad luck? A fundamental goal of the federal bankruptcy laws is to give debtors a financial fresh start from burdensome

More information

Bankruptcy Made Easy - What you need to know

Bankruptcy Made Easy - What you need to know Midwest Bankruptcy Attorneys Bankruptcy Made Easy - What you need to know Presented by: (312) 836-0455 contact@midwestbankruptcyattorneys.com Midwest Bankruptcy Attorneys LLC is a debt relief agency. We

More information

IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY 1

IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY 1 IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY 1 If you decide to seek bankruptcy relief, you can represent yourself, you can hire an attorney to represent you, or you can

More information

Bankruptcy. Assignment 18 Introduction to Bankruptcy (Claims; Automatic Stay; Relief from Stay; After-Acquired Property; Proceeds in Bankruptcy)

Bankruptcy. Assignment 18 Introduction to Bankruptcy (Claims; Automatic Stay; Relief from Stay; After-Acquired Property; Proceeds in Bankruptcy) Assignment 18 Introduction to Bankruptcy (Claims; Automatic Stay; Relief from Stay; After-Acquired Property; Proceeds in Bankruptcy) Bankruptcy is akin to financial death ; debtor s nonexempt assets, on

More information

CLIENT RESPONSIBILITY

CLIENT RESPONSIBILITY RETAINER AGREEMENT FOR Filing a Chapter 7 Bankruptcy BETWEEN FIRM NAME: Paul E. Kauffmann, Attorney at Law ADDRESS: 233 12 th Street, Suite 725 CITY/STATE Columbus, GA 31901 TEL. NO.: 706 566 3434 AND

More information

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION NOTICE TO INDIVIDUAL CONSUMER DEBTOR UNDER 342(b) OF THE BANKRUPTCY CODE In accordance with 342(b) of the Bankruptcy Code,

More information

Consumer Bankruptcy in Florida

Consumer Bankruptcy in Florida Consumer Bankruptcy in Florida SOME INFORMATION ABOUT BANKRUPTCY People who are having trouble paying their debts sometimes consider bankruptcy as a strategy for resolving this situation. An individual,

More information

Common Bankruptcy Concerns for Lenders

Common Bankruptcy Concerns for Lenders Types of Bankruptcy, and Eligibility Common Bankruptcy Concerns for Lenders The U.S. Bankruptcy Code is divided into several different chapters. Some chapters are applicable to all types of bankruptcy

More information

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND at GREENBELT. In Re: Debtor Chapter 7. vs. Adversary No.

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND at GREENBELT. In Re: Debtor Chapter 7. vs. Adversary No. Entered: July 31, 2013 Case 13-00202 Doc 20 Filed 07/31/13 Page 1 of 10 Date signed July 31, 2013 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND at GREENBELT In Re: Fely Sison Tanamor

More information

Beware The Constructive Trust Claim

Beware The Constructive Trust Claim Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Beware The Constructive Trust Claim Law360, New York

More information

STANDARDS FOR ATTORNEY CERTIFICATION OF THE TEXAS BOARD OF LEGAL SPECIALIZATION. The Standards for Attorney Certification are divided into two parts.

STANDARDS FOR ATTORNEY CERTIFICATION OF THE TEXAS BOARD OF LEGAL SPECIALIZATION. The Standards for Attorney Certification are divided into two parts. STANDARDS FOR ATTORNEY CERTIFICATION OF THE TEXAS BOARD OF LEGAL SPECIALIZATION These Attorney Standards for Certification are established by Texas Board of Legal Specialization after approval of the Supreme

More information

IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY OR BANKRUPTCY PETITION PREPARER.

IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY OR BANKRUPTCY PETITION PREPARER. IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY OR BANKRUPTCY PETITION PREPARER. If you decide to seek bankruptcy relief, you can represent yourself, you can hire an attorney

More information

Case 10-03582 Document 11 Filed in TXSB on 04/27/11 Page 1 of 10

Case 10-03582 Document 11 Filed in TXSB on 04/27/11 Page 1 of 10 Case 10-03582 Document 11 Filed in TXSB on 04/27/11 Page 1 of 10 SAN ANTONIO FEDERAL CREDIT UNION, Defendant(s). IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

More information

PRACTICE GUIDELINES MEMORANDUM. RE: Sample Bankruptcy Motions and Orders for Personal Injury Practitioners and Trustees

PRACTICE GUIDELINES MEMORANDUM. RE: Sample Bankruptcy Motions and Orders for Personal Injury Practitioners and Trustees PRACTICE GUIDELINES MEMORANDUM TO: FROM: Attorneys Practicing Before Me And Other Interested Persons C. Timothy Corcoran, III United States Bankruptcy Judge DATE: January 3, 2000 1 RE: Sample Bankruptcy

More information

How To Get A Trustee In A Chapter 7 Case

How To Get A Trustee In A Chapter 7 Case Pro Se Creditor s Handbook: Information for Persons Owed Money by an Individual or Entity that has Filed for Bankruptcy Introduction This booklet is provided by the Office of the Clerk, United States Bankruptcy

More information

Uncharted Waters: Navigating Governmental Entities Creditor s Rights in Bankruptcy Cases By Edmund S. Whitson, III 1 and Nicole C.

Uncharted Waters: Navigating Governmental Entities Creditor s Rights in Bankruptcy Cases By Edmund S. Whitson, III 1 and Nicole C. Uncharted Waters: Navigating Governmental Entities Creditor s Rights in Bankruptcy Cases By Edmund S. Whitson, III 1 and Nicole C. Nate 2 1 Mr. Whitson is a shareholder at Anthony & Partners. He has more

More information

INITIAL CONSULTATION AGREEMENT AND REQUIRED NOTICES

INITIAL CONSULTATION AGREEMENT AND REQUIRED NOTICES Law Offices James Palmisano 417 Barre Street Telephone: (800) 585-3169 Montpelier, VT 05602 Facsimile: (802) 229-2733 e-mail: info@vermontbankruptcy.net INITIAL CONSULTATION AGREEMENT AND REQUIRED NOTICES

More information

Bankruptcy Basics June 9, 2009

Bankruptcy Basics June 9, 2009 Bankruptcy Basics June 9, 2009 Brooks Hamilton Haynes and Boone, LLP www.haynesboone.com Purposes of bankruptcy Mechanism to allow person or company that cannot pay creditors to resolve debts through division

More information

230 West Monroe Suite 240 Chicago, IL 60606 312-372-4400

230 West Monroe Suite 240 Chicago, IL 60606 312-372-4400 230 West Monroe Suite 240 Chicago, IL 60606 312-372-4400 The Porter Law Network is owned by attorney Karen J. Porter. Ms. Porter is licensed in the State of Illinois. Ms Porter has more than 25 years of

More information

CCIM Presentation: How Bankruptcies Affect Distressed Assets By: Tom Hillier and Ivy Grey Davis Wright Tremaine LLP

CCIM Presentation: How Bankruptcies Affect Distressed Assets By: Tom Hillier and Ivy Grey Davis Wright Tremaine LLP CCIM Presentation: How Bankruptcies Affect Distressed Assets By: Tom Hillier and Ivy Grey Davis Wright Tremaine LLP BANKRUPTCY 101 BASICS & CONTEXT 1. Guiding Policies a. Equality of Distribution b. Adequate

More information

Chapter 13 Bankruptcy

Chapter 13 Bankruptcy Chapter 13 Bankruptcy Individual Debt Adjustment The chapter of the Bankruptcy Code providing for adjustment of debts of an individual with regular income. (Chapter 13 allows a debtor to keep property

More information

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF FLORIDA. JUNG BEA HAN and Case No. 00-42086 HYUNG SOOK HAN, v. Adv. No.

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF FLORIDA. JUNG BEA HAN and Case No. 00-42086 HYUNG SOOK HAN, v. Adv. No. UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF FLORIDA In Re JUNG BEA HAN and Case No. 00-42086 HYUNG SOOK HAN, Debtors. JUNG BEA HAN, Plaintiff. v. Adv. No. 05-03012 GE CAPITAL SMALL BUSINESS FINANCE

More information

Notice Required by 11 U.S.C. 342(b) and 527(a)

Notice Required by 11 U.S.C. 342(b) and 527(a) 1 P a g e Notice Required by 11 U.S.C. 342(b) and 527(a) In accordance with section 342(b) of the Bankruptcy Code, this notice: (1) Describes briefly the services available from credit counseling services;

More information

Chapter 13 - Bankruptcy Basics. Background. Advantages of Chapter 13

Chapter 13 - Bankruptcy Basics. Background. Advantages of Chapter 13 Chapter 13 - Bankruptcy Basics This chapter of the Bankruptcy Code provides for adjustment of debts of an individual with regular income. Chapter 13 allows a debtor to keep property and pay debts over

More information

Bankruptcy Basics and Definitions:

Bankruptcy Basics and Definitions: About me: I ve been practicing law for 6 years. Before going to law school I worked at Dakota County as a child support specialist. I found family law to be extremely fascinating and that prompted me to

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 13-10558. D. C. Docket No. 8:11-bk-00369-MGW. IN RE: TAHISIA L. SCANTLING, Debtor.

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 13-10558. D. C. Docket No. 8:11-bk-00369-MGW. IN RE: TAHISIA L. SCANTLING, Debtor. Case: 13-10558 Date Filed: 06/18/2014 Page: 1 of 14 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 13-10558 D. C. Docket No. 8:11-bk-00369-MGW IN RE: TAHISIA L. SCANTLING,

More information

Bankruptcy in Florida

Bankruptcy in Florida Bankruptcy in Florida SOME INFORMATION ABOUT BANKRUPTCY People who are having trouble paying their debts sometimes consider bankruptcy as a remedy for this situation. An individual, called a debtor, usually

More information

LIENS. Lien: An encumbrance on property to secure a debt or to protect a claim for payment of a debt.

LIENS. Lien: An encumbrance on property to secure a debt or to protect a claim for payment of a debt. LIENS Lien: An encumbrance on property to secure a debt or to protect a claim for payment of a debt. Mechanic s Lien: A lien on real property to ensure payment for work performed and materials furnished

More information

UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA NOTICE OF RESPONSIBILITIES OF CHAPTER 7 DEBTORS AND THEIR ATTORNEYS

UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA NOTICE OF RESPONSIBILITIES OF CHAPTER 7 DEBTORS AND THEIR ATTORNEYS UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA In re: Case No. Debtors. NOTICE OF RESPONSIBILITIES OF CHAPTER 7 DEBTORS AND THEIR ATTORNEYS This Notice lists certain responsibilities of debtors and

More information

NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE

NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE In accordance with 342(b) of the Bankruptcy Code, this notice to individuals with primarily consumer debts: (1) Describes briefly the services

More information

QUESTIONS AND ANSWERS ABOUT CHAPTER 13 BANKRUPTCIES 1

QUESTIONS AND ANSWERS ABOUT CHAPTER 13 BANKRUPTCIES 1 QUESTIONS AND ANSWERS ABOUT CHAPTER 7 BANKRUPTCIES What is a Chapter 7 bankruptcy and how does it work? A Chapter 7 bankruptcy case is a proceeding under federal law in which the Debtor seeks relief under

More information

Case: 04-16887 Doc #: 122 Filed: 10/14/2008 Page 1 of 9 OPINION DESIGNATED FOR ON - LINE PUBLICATION BUT NOT PRINT PUBLICATION

Case: 04-16887 Doc #: 122 Filed: 10/14/2008 Page 1 of 9 OPINION DESIGNATED FOR ON - LINE PUBLICATION BUT NOT PRINT PUBLICATION Case: 04-16887 Doc #: 122 Filed: 10/14/2008 Page 1 of 9 SO ORDERED. SIGNED this 14 day of October, 2008. ROBERT E. NUGENT UNITED STATES CHIEF BANKRUPTCY JUDGE OPINION DESIGNATED FOR ON - LINE PUBLICATION

More information

Chapter 12 is a reorganization for family farmers and fishing families, which is similar to Chapter 13.

Chapter 12 is a reorganization for family farmers and fishing families, which is similar to Chapter 13. GENERAL INFORMATION ABOUT THE BANKRUPTCY SYSTEM INCLUDING THE RIGHTS AND DUTIES OF CHAPTER 13 DEBTORS (and other information necessary to assist a debtor in completion of the chapter 13 plan) WHAT IS BANKRUPTCY?

More information

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In Re: Jason D. Misleh, Case Number: 15-41721 Debtor. Chapter 13 Honorable Mark A. Randon / I. INTRODUCTION OPINION AND ORDER

More information

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION ORDER

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION ORDER UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION In re: MICHELLE L. GHOLSTON, Debtor. / Case No. 6:11-bk-17200-ABB Chapter 7 ORDER This matter came before the Court on the Emergency

More information

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION FINDINGS OF FACT AND CONCLUSIONS OF LAW

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION FINDINGS OF FACT AND CONCLUSIONS OF LAW UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION In re: JOSEPH R. O LONE, Case No.: 3:00-bk-5003-JAF Debtor. Chapter 7 / FINDINGS OF FACT AND CONCLUSIONS OF LAW This case

More information

AUTOMATIC STAY LITIGATION IN A NUTSHELL

AUTOMATIC STAY LITIGATION IN A NUTSHELL AUTOMATIC STAY LITIGATION IN A NUTSHELL I. The Real Purpose of the Automatic Stay. Prepared by Benjamin Payne Hanson & Payne, LLC bpayne@hansonpayne.com www.hansonpayne.com A. The purpose of the automatic

More information

In the United States Bankruptcy Court for the Southern D istrict of Georgia

In the United States Bankruptcy Court for the Southern D istrict of Georgia MOTION TO COMPEL REAFFIRMATION In the United States Bankruptcy Court for the Southern D istrict of Georgia W aycross Division In the matter of: Chapter 7 Case KAY DEE CARVER Number 92-50289 Debtor KAY

More information

Notice to Individual Consumer Debtor Under Section 342(b) and 527(a) of the Bankruptcy Code

Notice to Individual Consumer Debtor Under Section 342(b) and 527(a) of the Bankruptcy Code Notice to Individual Consumer Debtor Under Section 342(b) and 527(a) of the Bankruptcy Code In accordance with section 342(b) of the Bankruptcy Code, this notice: (1) Describes briefly the services available

More information

Lindy Madill, Esq. CHAPTER 7 BANKRUPTCY RETAINER AGREEMENT

Lindy Madill, Esq. CHAPTER 7 BANKRUPTCY RETAINER AGREEMENT Lindy Madill, Esq. CHAPTER 7 BANKRUPTCY RETAINER AGREEMENT The undersigned client ( Client ) hereby employs Lindy Madill, Esq. ( Attorney ) whose principal office is located at 4530 Lamplighter Lane, Manlius,

More information

A GUIDE TO FILING FOR BANKRUPTCY PROTECTION UNDER CHAPTER 7 OF THE BANKRUPTCY CODE

A GUIDE TO FILING FOR BANKRUPTCY PROTECTION UNDER CHAPTER 7 OF THE BANKRUPTCY CODE A GUIDE TO FILING FOR BANKRUPTCY PROTECTION UNDER CHAPTER 7 OF THE BANKRUPTCY CODE Michael R. Totaro Totaro & Shanahan P.O. Box 789 Pacific Palisades, CA 90272 310 573 0276 (v) 310 496 1260 (f) Mtotaro@aol.com

More information

QUESTIONS CONCERNING BANKRUPTCY

QUESTIONS CONCERNING BANKRUPTCY QUESTIONS CONCERNING BANKRUPTCY The Law Office of Paul D. Post, P.A. is a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. The assistance provided to clients may

More information

CREDIT COUNSELING REQUIREMENT

CREDIT COUNSELING REQUIREMENT CREDIT COUNSELING REQUIREMENT In order to file bankruptcy, an individual must receive from an approved nonprofit budget and credit counseling agency... an individual or group briefing... that outlines

More information

DEBT RELIEF AGENCY CONTRACT

DEBT RELIEF AGENCY CONTRACT DEBT RELIEF AGENCY CONTRACT Federal law requires that we enter into this Debt Relief Agency Contract within three business days after the first date on which we provide any bankruptcy assistance services.

More information

WHAT EVERY ATTORNEY NEEDS TO KNOW ABOUT BANKRUPTCY

WHAT EVERY ATTORNEY NEEDS TO KNOW ABOUT BANKRUPTCY WHAT EVERY ATTORNEY NEEDS TO KNOW ABOUT BANKRUPTCY 6 Nevada Lawyer March 2014 Where to Look BY CANDACE C. CARLYON, ESQ. AND ADAM BOWLER, ESQ. A great starting point in a search for bankruptcy information

More information

Guam Chamber of Commerce

Guam Chamber of Commerce UNITED STATES TRUSTEE PROGRAM* Guam Chamber of Commerce Bankruptcy Abuse, Creditor Remedies, and the Automatic Stay September 5, 2014 *Cases cited reflect court rulings and do not necessarily reflect the

More information

Please put: Brankruptcy - Online Presentation in the subject line of your email. email to: cecertificate@stewart.com 9/18/2014. Bankruptcy Update 2014

Please put: Brankruptcy - Online Presentation in the subject line of your email. email to: cecertificate@stewart.com 9/18/2014. Bankruptcy Update 2014 Please put: Brankruptcy - Online Presentation in the subject line of your email email to: cecertificate@stewart.com 9/18/2014 Bankruptcy Update 2014 Charlie Craig Associate General Counsel & Texas Underwriter

More information

: In re: : : Chapter 13 MICHAEL D. CARLIN, : : Case No. 11-11784 (ALG) : Debtor. : :

: In re: : : Chapter 13 MICHAEL D. CARLIN, : : Case No. 11-11784 (ALG) : Debtor. : : UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK : In re: : : Chapter 13 MICHAEL D. CARLIN, : : Case No. 11-11784 (ALG) : Debtor. : : APPEARANCES: DECISION DENYING DEBTOR S MOTION FOR A DISCHARGE

More information

IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION DUTIES AND RESPONSIBILITIES OF A DEBTOR UNDER CHAPTER 7 AND ATTENDANCE AT THE 341 MEETING OF CREDITORS In either

More information

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF GEORGIA ALBANY DIVISION

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF GEORGIA ALBANY DIVISION SO ORDERED. SIGNED this 15 day of March, 2013. James D. Walker, Jr. United States Bankruptcy Judge UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF GEORGIA ALBANY DIVISION IN RE: ) CHAPTER 7 ) CASE NO.

More information

Third Circuit Approves Use of Escrow Agreements Funded by Acquirers to Pay Junior Creditors Before Senior Creditors

Third Circuit Approves Use of Escrow Agreements Funded by Acquirers to Pay Junior Creditors Before Senior Creditors Alert Third Circuit Approves Use of Escrow Agreements Funded by Acquirers to Pay Junior Creditors Before Senior Creditors September 21, 2015 An asset purchaser s payments into segregated accounts for the

More information

NC General Statutes - Chapter 93A Article 2 1

NC General Statutes - Chapter 93A Article 2 1 Article 2. Real Estate Education and Recovery Fund. 93A-16. Real Estate Education and Recovery Fund created; payment to fund; management. (a) There is hereby created a special fund to be known as the "Real

More information

INVOLUNTARY BANKRUPTCIES

INVOLUNTARY BANKRUPTCIES INVOLUNTARY BANKRUPTCIES Joseph S.U. Bodoff Bodoff & Associates, P.C. How It Works The statutory provisions dealing with involuntary bankruptcies are contained in section 303 of the Bankruptcy Code. There

More information

INITIAL CONSULTATION AGREEMENT AND ACKNOWLEDGMENT OF RECEIPT OF DISCLOSURES

INITIAL CONSULTATION AGREEMENT AND ACKNOWLEDGMENT OF RECEIPT OF DISCLOSURES 303 Williams Avenue, Park Plaza Suite 921 Huntsville, Alabama 35801 Phone:256.535.0817 Fax: 256.535.0818 Web: www.heardlaw.com INITIAL CONSULTATION AGREEMENT AND ACKNOWLEDGMENT OF RECEIPT OF DISCLOSURES

More information

BANKRUPTCY F.A.Q. S WHAT IS CHAPTER 7?

BANKRUPTCY F.A.Q. S WHAT IS CHAPTER 7? BANKRUPTCY F.A.Q. S While the information presented below is accurate as of the date of publication, it should not be cited or relied upon as legal authority. It should not be used as a substitute for

More information

UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA. NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE

UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA. NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE B 201 (12/08) UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA NOTICE TO CONSUMER DEBTOR(S) UNDER 342(b) OF THE BANKRUPTCY CODE In accordance with 342(b) of the Bankruptcy Code, this notice to individuals

More information

Representing Commercial and Residential Landlords in Tenant Bankruptcies: The Impact of BAPCPA

Representing Commercial and Residential Landlords in Tenant Bankruptcies: The Impact of BAPCPA Representing Commercial and Residential Landlords in Tenant Bankruptcies: The Impact of BAPCPA A. Basic Principles Applicable to All Leases 1. A debtor/tenant s leasehold interest is property of the [debtor

More information

How To Discharge A Tax Debt

How To Discharge A Tax Debt How to Bankrupt Income Taxes 507 & 523 Attorney Nick C Thompson Louisville KY 40223 800 Stone Creek Parkway Suite 6 Louisville KY 40223 502-429-0057 Bankruptcy@Bankruptcy-Divorce.com www.bankruptcy-divorce.com

More information

Case 13-09004-CL7 Filed 11/06/13 Entered 11/06/13 16:38:19 Doc 66 Pg. 1 of 6

Case 13-09004-CL7 Filed 11/06/13 Entered 11/06/13 16:38:19 Doc 66 Pg. 1 of 6 Case 13-09004-CL7 Filed 11/06/13 Entered 11/06/13 16:38:19 Doc 66 Pg. 1 of 6 November 6, 2013 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF CALIFORNIA 325 West "F" Street, San Diego, California 92101-6991

More information

Bankruptcy Business and Transaction Law Commercial Litigation Debtor/Creditor Law Real Estate

Bankruptcy Business and Transaction Law Commercial Litigation Debtor/Creditor Law Real Estate John J. Stockdale, Jr., Associate 40950 Woodward Avenue, Suite 100 Bloomfield Hills, Michigan 48304 T: 248.540.3340 F: 248.282.2157 JStockdale@schaferandweiner.com PRACTICES Bankruptcy Business and Transaction

More information

Re: Dischargeability of Court-Ordered Restitution When the Debtor has Filed a Petition in Bankruptcy

Re: Dischargeability of Court-Ordered Restitution When the Debtor has Filed a Petition in Bankruptcy 1 of 8 6/23/2005 8:28 AM November 30,1994 The Honorable Winona E. Rubin Director of Human Services State of Hawaii 1390 Miller Street Honolulu, Hawaii 96813 Dear Ms. Rubin: Re: Dischargeability of Court-Ordered

More information