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22 Jun 2012, 12:51 pm
 See In re Lumbar, 457 B.R. 748 (8th Cir.BAP 2011). [read post]
22 Jun 2012, 12:50 pm
  In In re Burrik, 459 B.R. 881 (W.D.Pa.Bkrpt. 2011),  a business owner who wasn't keeping good records filed for bankruptcy. [read post]
5 Jun 2012, 5:42 pm
The code itself doesn't do a good job of defining when an operating agreement is an "executory contract", but in In re Ehmann, 319 B.R. 200 (D.Ariz. [read post]
5 Jun 2012, 5:41 pm
Quoting In re Congrove, No. 04-8049, 2005 WL 2089856, at*3, 330 B.R. 880 (B.A.P. 6th Cir. 2005). [read post]
30 Apr 2012, 3:00 am by Peter A. Mahler
A lawsuit between the owners of an upper east side Manhattan "gentlemen's club" called Sapphire, involving charges of self-dealing and financial abuse by the managing partner, led to an interesting but not surprising decision earlier this month, holding that a member of LLC #1 which, in turn, is a member of LLC #2, lacks standing to seek judicial dissolution of LLC #2. [read post]
22 Apr 2012, 12:30 pm by admin
Welsch, 457 B.R. 748 (B.A.P. 8th Circuit, 2011), (In re: Mary Lumbar, Case No: 11-6018), the bankruptcy appellate panel for the Eighth Circuit Court of Appeals rejected the “no harm, no foul” rule and held that the debtor ex-wife might have fraudulently transferred property to her parents, even though the property would have been exempt under state law. [read post]
9 Apr 2012, 6:00 am by Christine Wilton
  There still might be a glimmer of hope in California Bankruptcy Courts though with In re Veal, 450 B.R. 897 (9th Cir. [read post]
19 Mar 2012, 6:31 am by Nicholas Gebelt
The authority for this lien stripping is In re Zimmer, 313 F.3d 1220 (9th Cir. 2002), though the vehicle used is usually called a Lam motion after In re Lam, 211 B.R. 36 (B.A.P. 9th Cir. 1997). [read post]
12 Mar 2012, 7:10 am
On November 18, 2011, in the matter captioned In re Scotto-DiClemente, 459 B.R. 558, Judge Kaplan held that: (1) the debtor's ability to use Chapter 13 plan to strip off wholly unsecured junior mortgage liens on his principal residence was not contingent upon debtor's receipt of Chapter 13 discharge; and (2) the Chapter 13 case, while filed close on heels of Chapter 7 case in which debtor was granted a dis-charge only six months earlier, was not filed in… [read post]