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15 Nov 2012, 8:49 am
Original source: http://www.rkmc.com/publications/news/robins-kaplan-miller-ciresi-llp-we... [read post]
3 May 2011, 8:51 am
Reeder Lu, a seven-lawyer litigation boutique based in Los Angeles, is shutting down its operations as its attorneys prepare to join 245-lawyer Robins, Kaplan, Miller & Ciresi. [read post]
28 May 2010, 2:04 pm
George Miller (D-Calif.), to personally make the case for passage of the legislation. [read post]
7 Jun 2007, 5:48 pm
A partner at Robins, Kaplan, Miller & Ciresi who was defending Best Buy in a class-action suit in Seattle, admitted in a May 24 motion to redacting and altering documents that he gave to the plaintiffs during discovery. [read post]
23 Aug 2010, 11:24 am
This was announced within the hour at Robins, Kaplan, Miller & Ciresi, which represented a number of the victims. [read post]
19 Jun 2014, 3:22 am
As reported by Robin Miller of CBAR: Agreeing with the one other Court of Appeals decision on the issue, In re Davis, 716 F.3d 331 (4th Cir. 2013), and with what it called the majority view on the issue, the Eleventh Circuit Court of Appeals today held that a Chapter 13 debtor may strip a [...] [read post]
30 Nov 2014, 12:36 pm
According to Robin Miller of CBAR, it depends on the totality of the facts and circumstances of the case. [read post]
19 Feb 2015, 8:08 pm
As reported by Robin Miller of CBAR, a Debtor has burden of proving that Chapter 13 plan was proposed in good faith after issue is raised. [read post]
19 Jun 2014, 8:05 pm
Robin Miller of CBAR reports: A debtor who alleges a violation of § 524(a)(2) must establish by clear and convincing evidence that the creditor (1) violated the discharge injunction and (2) did so with actual knowledge of the injunction. [read post]
8 Aug 2014, 4:41 pm
As reported by Robin Miller of CBAR: Although the debtor had failed to schedule her prepetition claims against her mortgage creditors in her prior Chapter 13 bankruptcy case, and her failure to list the causes of action among her assets was tantamount to a representation that she had no such claims, the debtor was not [...] [read post]
20 Jun 2014, 4:37 pm
As reported by Robin Miller of CBAR, a Michigan Creditor failed to show that debtor knew that misrepresentation was false and the creditors claim was ruled to be dischargeable: The judgment creditor failed to prove that the Chapter 7 debtor knew that his statement, that he was an authorized member of the limited liability company [...] [read post]
12 Jul 2014, 10:01 am
As reported by Robin Miller of CBAR, in an important decision and a rare victory for consumers, the 11th Circuit Court of Appeals has held that a debt collector’s filing a proof of claim for a time-barred debt violates the federal [...] [read post]
22 Jun 2014, 12:24 pm
As reported by Robin Miller of CBAR, an Illinois Chapter 13 debtor could not modify confirmed plan on basis of information known prior to confirmation, to wit: Where the debtor proposed a Chapter 13 plan that provided for full payment of an unsecured priority claim of $11,432 held by the IRS; the IRS subsequently (but [...] [read post]
30 Nov 2014, 11:52 am
As reported by Robin Miller of CBAR, a mortgage servicer’s change in the reporting of the Chapter 7 debtor’s mortgage obligation to credit bureaus heavily suggested that the servicer sought to collect a discharged debt from the debtor, and the servicer’s additional contacts with the resulted Violation of the Discharge Injuncition. [read post]
30 Nov 2014, 11:31 am
As reported by Robin Miller of CBAR, Code § 526(a)(2) prohibits a debt relief agency from “counsel[ing] or advis[ing] any assisted person or prospective assisted person to make a statement in a document filed in a case … that is untrue or misleading,” applies regardless of whether the counseled person files a document in the [...] [read post]
30 Nov 2014, 11:57 am
As reported by Robin Miller of CBAR, an Oregon Court affirmed a Chapter 13 plan that provided for the vesting of title to the debtors’ residential property in the holder of the first-priority mortgage on the property. [read post]
Does the Evidentiary presumption of validity of proof of claim extend to the claims priority status?
14 Feb 2015, 11:30 am
As reported by Robin Miller of CBAR, the evidentiary presumption of the validity of a claim that arises upon the proper filing of a proof of claim does not extend to the priority status of the claim. [read post]
1 Sep 2014, 10:20 am
As reported by Robin Miller of CBAR, a Florida Bankruptcy judge has helped to distinguish between a divorce support provision or a property settlement agreement. [read post]
14 Feb 2015, 11:25 am
As reported by Robin Miller of CBAR, the Chapter 7 debtor could avoid, under Code § 522(f), a creditor’s judgment lien on homestead property owned by the debtor and his nondebtor wife as tenants by the entirety, insofar as the lien attached to the debtor’s interest in the property as a tenant by the [...] [read post]
19 Feb 2015, 7:56 pm
As reported by Robin Miller of CBAR, a Court will decline to order substantive consolidation of Chapter 7 debtors with non-debtor LLC. [read post]
