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2 Jun 2007, 2:05 am
Fla. 2005, In re Dudeney, 159 B.R. 1003 (Bankr.S.D.Fla. 1993).Jordan E. [read post]
31 May 2007, 4:42 am
As a result, the debtor was entitled to the $82,000.Jordan E. [read post]
19 Apr 2007, 1:38 am
The court left "for another day an attempt to set forth a framework for determining the circumstances under which section 1146(c)'s tax exemption may apply to pre-confirmation transfers".Jordan E. [read post]
11 Mar 2007, 6:35 am
Resnick, American Bankruptcy Institute Law Review, Volume 15, Number 1, Spring 2007.Jordan E. [read post]
10 Mar 2007, 1:39 am
The equitable credit prevented the estate from receiving a windfall.The Court noted that the Court's equitable powers under section 105(a) are also used in other contexts to prevent a trustee from being able to recover from a party who is innocent of wrongdoing and deserves protection, such as when the initial recipient is a "mere conduit" of funds and therefore not an "initial transferee" under section 550(a)(1).Jordan E. [read post]
7 Mar 2007, 1:27 am
The Court reasoned that these sections were directed at bankruptcy petition preparers and not attorneys.The Court further held on the doctrine of constitutional avoidance, that even assuming that thesections were constitutional and that they applied to attorneys, that since the involved attorney did not receive "money or other valuable consideration", that the attorney does not fit within the statutory definition of a debt relief agency as set forth in section 101(12A).Jordan… [read post]
21 Feb 2007, 8:01 am
The Court held that the equitable power of the bankruptcy court to take any action necessary or appropriate to prevent an abuse of process as set forth in Section 105(a) as well as the Court's inherent authority to sanction abusive litigation practices provided justification for denial of a motion to convert under section 706.Jordan E. [read post]
14 Feb 2006, 2:19 am
Rickard, Case 3D04-1690 (Fla. 3rd DCA 2/8/06)Jordan E. [read post]