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10th Circuits Adopts Objective-Coercion Principle In Discharge Injunction Violations
29 Jul 2008, 11:34 pm
The 10th Circuit relying on the language in In re Schlichtmann, 375 B.R. 41, 95-97 (Bankr. [read post]
StayViolation.Com - http://www.stayviolation.com/
Practice of North Georgia Residents Filing Bankruptcy In Chattanooga Might Come To An End
10 Jun 2008, 12:27 pm
See In re Jordan, 313 B.R. at 256 (quoting In re Lazaro, 128 B.R. at 168, 172-74, which in turn quotes In re Boeckman, 54 B.R. at 111: “[T]he permissive language used in Section 1412 . . . merely says that a district court ‘may’ transfer a case to another district; it does not say it must transfer the case . . . . [read post]
Georgia Bankruptcy Law Blog - http://www.georgiabankruptcyblog.com/
11th Circuit Holds Requirements Of Section 303(b) (Involuntary Bankruptcy) Are Jurisdictional -- But It Doesn't Like It.
23 Apr 2008, 4:22 pm
After a thorough analasys, the Eleventh Circuit held that § 303(b) were jurisdictional based upon binding precedent in In re All Media Properties, Inc., 646 F.2d 193 (5th Cir. 1981), aff’g 5 B.R. 126 (Bankr. [read post]
Georgia Bankruptcy Law Blog - http://www.georgiabankruptcyblog.com/
Shouldn't you be able to discharge your student loans in a bankruptcy?
18 Apr 2008, 5:27 pm
(In re Underwood), 299 B.R. 471 (Bankr. [read post]
Massachusetts Bankruptcy Blog - http://www.goldsteinandclegglaw.com/bankruptcy_blog
Trademark Licenses In Bankruptcy: New Developments In The N.C.P. Marketing Case
26 Mar 2008, 12:00 am
Last November I reported on the status of the Ninth Circuit appeal in In re: N.C.P. [read post]
IN THE (RED) - The Business Bankruptcy Blog - http://bankruptcy.cooley.com/
Mortgage Servicer Qualifies to Move for Stay Relief as Party in Interest and as Real Party in Interest
19 Mar 2008, 1:30 pm
The recent decision in In re Woodberry, ___ B.R. ___, 2008 WL 677810 (Bkrtcy.D.S.C.) [read post]
Miami Florida Bankruptcy Law - http://jbublick.blogspot.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/
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/
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/
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/
Foreign Exchange Rate for Allowance of Claims
23 Dec 2007, 6:26 am
In the case of In re MacKay, ___ B.R. ___, 2007 WL 4248638 (Bkrtcy.M.D.Pa.) [read post]
Miami Florida Bankruptcy Law - http://jbublick.blogspot.com/
US Supreme Court Grants Cert In 11th Circuit Case; Will Decide Whether §1146 Tax Exemption Applies To Pre-Confirmation Transfers
12 Dec 2007, 6:22 am
See In re Beulah Church of God In Christ Jesus, Inc., 316 B.R. 41, 50 (Bankr.S.D.N.Y.2004). [read post]
Georgia Bankruptcy Law Blog - http://www.georgiabankruptcyblog.com/
Assumption Of Trademark Licenses In Bankruptcy: An Update On The N.C.P. Marketing Case
6 Nov 2007, 5:32 pm
Marketing Group, Inc., 337 B.R. 230 (D.Nev. 2005), in which the U.S. [read post]
IN THE (RED) - The Business Bankruptcy Blog - http://bankruptcy.cooley.com/
Citation style for a general audience
5 Nov 2007, 9:10 pm
B.R., referred to at page 275 of the text: 2004 Carswell Alberta, 906; RFL, 5th ser., 50 (2004):206 Page 328, note 116: R. v. [read post]
Slaw - http://www.slaw.ca
Delegation of Authority
17 Oct 2007, 8:46 am
  Judge Randy Haines in In re Chamberlain, 369 B.R. 519 (Bankr.D.Ariz. 2007) found that the debtor should get the full "amounts specified" in the IRS standards. [read post]
Credit Slips - http://www.creditslips.org/creditslips/
The Bull Rips A Hole In The Matador's Cape: New Ninth Circuit Decision Limits Reach Of Section 502(b)(6)'s Landlord Cap
3 Oct 2007, 1:37 am
Ever since a 1995 decision by the Bankruptcy Appellate Panel (BAP) of the Ninth Circuit in In re McSheridan, 184 B.R. 91 (B.A.P. 9th Cir. 1995), debtors have been successful in many cases in capping a variety of claims by landlords. [read post]
IN THE (RED) - The Business Bankruptcy Blog - http://bankruptcy.cooley.com/
Escrow Account Deficiencies Held Waived
14 Sep 2007, 7:57 am
The court found the cases of In re Guevara, 258 B.R. 59 (Bankr.S.D. [read post]
Miami Florida Bankruptcy Law - http://jbublick.blogspot.com/
Nemo Filleted: Judge Scheindlin Rules that Good Faith Purchasers of Claims in Bankruptcy Need No Longer Choke on the Personal Disabilities of the Claims Transferor
3 Sep 2007, 1:22 pm
Avenue Special Situations Fund II, LP (In re Enron), 340 B.R. 180 (Bankr. [read post]
Bankruptcy Litigation Blog - http://www.bankruptcylitigationblog.com/