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Real Estate Workouts: Are Pre-Bankruptcy Waivers Of The Automatic Stay Enforceable?

20 Feb 2008, 11:56 pm

" After concluding that a confirmed chapter 11 plan was not required, the Bankruptcy Court looked to four non-exclusive factors, drawn from In re Desai, 282 B.R. 527 (Bankr. [read post]

IN THE (RED) - The Business Bankruptcy Blog - http://bankruptcy.cooley.com/

Debtors Pass Means Test But Case Dismissed Based on the Totality of Circumstances of the Debtors' Financial Situation

17 Feb 2008, 12:46 pm

In re Henebury, 361 B.R. at 611. [read post]

Miami Florida Bankruptcy Law - http://jbublick.blogspot.com/

9th Circuit BAP Rules on Ipso Facto Clauses

14 Feb 2008, 8:20 am

Ford Motor Credit (In re Dumont), --- B.R. --- (9th Cir. [read post]

BankruptcyProf Blog - http://lawprofessors.typepad.com/bankruptcyprof_blog/

Member/Manager of Georgia Limited Liability Company Not Necessarily A Fiduciary For Â§ 523(a)(4) Purposes.

14 Feb 2008, 3:47 am

Standard (In re Standard), 123 B.R. 444 (Bankr.N.D.Ga.1991), noted it “generally describes certain relationships as confidential, the result of which is that parties in those relationships have greater reason to rely on representations of the other party. [read post]

Georgia Bankruptcy Law Blog - http://www.georgiabankruptcyblog.com/

Does Your Firm Have an Electronic Communications Policy? | Legal Technology

7 Feb 2008, 11:13 pm

In re Asia Global Crossing, Ltd., 322 B.R. 247 (S.D.N.Y. 2005), one of the earliest decisions on this issue, adopted a four-factor test to analyze when an employee may lose any expectation of privacy and waive the attorney-client privilege by communicating with his personal attorney using an employer e-mail system. [read post]

Information Governance Engagement Area - http://infogovernance.blogspot.com/

Nonfiling Spouse's Sole Secured Debt and Other Non-Necessary or Non-Household Expenses Allowed as Marital Adjustment

4 Feb 2008, 1:29 pm

See In re Quarterman, 342 B.R. 647, 650 (Bankr.M.D.Fla.2006). [read post]

Miami Florida Bankruptcy Law - http://jbublick.blogspot.com/

CMI from Sale of Property Defined per Internal Revenue Code

4 Feb 2008, 11:59 am

The court in In re Warren, ___ B.R. ___, 2007 WL 2916563 (Bkrtcy.D.Mont. [read post]

Miami Florida Bankruptcy Law - http://jbublick.blogspot.com/

11th Circuit - In Case of First Impression, Bankruptcy Court Order Removing Trustee Is Final Appealable Order

31 Jan 2008, 1:10 pm

Walker (In re Walker), 06-11743 (11th Cir. [read post]

Georgia Bankruptcy Law Blog - http://www.georgiabankruptcyblog.com/

SD Florida Case Adopts Kibbe Approach to Projected Disposable Income

31 Jan 2008, 12:44 pm

" In re Arsenault, 370 B.R. 845 (Bankr.M.D.Fla.2007). [read post]

Miami Florida Bankruptcy Law - http://jbublick.blogspot.com/

"Projected Disposable Income" of Above-Median Income Chapter 13 Debtor Based on Mechanical Test

30 Jan 2008, 10:47 am

The court in In re Petro, ___ B.R. ___, 2008 WL 204670 (Bkrtcy.M.D.Tenn. [read post]

Miami Florida Bankruptcy Law - http://jbublick.blogspot.com/

Chapter 7 Case Dismissed as "Abuse" per Section 707(b)(3) "Totality of the Circumstances" Test, Nonfiling Spouse's Income Taken Into Consideration

29 Jan 2008, 12:39 pm

Contra, In re Baldino, 369 B.R. 858 (M.D. [read post]

Miami Florida Bankruptcy Law - http://jbublick.blogspot.com/

Chapter 13 Plan Commitment Period Based Only on CMI of Debtor and Not on Income of Nonfiling Spouse

29 Jan 2008, 11:36 am

See In re Barnes, 378 B.R. 774 (Bkrtcy.D.S.C. 2007). [read post]

Miami Florida Bankruptcy Law - http://jbublick.blogspot.com/

Court Allows New $4,000 Personal Property Exemption and Holds it "Stacks" with $1,000 Constitutional Personal Property Exemption

27 Jan 2008, 10:37 am

The Bankruptcy Court of the Middle District of Florida issued its decision in In re Gatto, et al, ___ B.R. ___, 2007 WL 4554217 (Bkrtcy.M.D.Fla.) [read post]

Miami Florida Bankruptcy Law - http://jbublick.blogspot.com/

New BAP Case on Vehicle Deduction in Chapter 13

19 Jan 2008, 10:40 am

MBNA America Bank (In re Ransom), ---- B.R. ---- (9th Cir. [read post]

BankruptcyProf Blog - http://lawprofessors.typepad.com/bankruptcyprof_blog/

FL SCT: "The homestead exemption protects not only the debtor, but also the debtor's family and the State"

14 Jan 2008, 6:20 am

Co., 89 So. 2d 28, 31 (Fla. 1956); see also In re Clements, 194 B.R. 923, 925 (M.D.Fla. 1996) (confirming that under the expressio unius est exclusio alterius rule, homestead, in Florida, may not be used to satisfy debts other than those expressly permitted by article X, section 4). [read post]

Florida Probate Litigation - http://www.flprobatelitigation.com/

First Appellate Court Decision Addresses Question Left Open In The Supreme Court's Travelers Opinion: Can Unsecured Creditors Recover Post-Petition Attorney's Fees?

13 Jan 2008, 3:30 pm

Mach., 371 B.R. at 551; Pride Cos., 285 B.R. at 373. [read post]

IN THE (RED) - The Business Bankruptcy Blog - http://bankruptcy.cooley.com/

9th Cir BAP Rules on Chapter 13 "Early Discharge" Issue

9 Jan 2008, 9:04 am

Forsythe (In re Fridley), ---- B.R. ---- (9th Cir. [read post]

BankruptcyProf Blog - http://lawprofessors.typepad.com/bankruptcyprof_blog/

Lost Mortgage Note Not Enforceable without Compliance with UCC

5 Jan 2008, 3:01 pm

., 50 B.R. 588, 590 (Bkrtcy.S.D.Fla.1985). [read post]