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Milavetz: U.S. Supreme Court To Bankruptcy Lawyers -- You Are Debt Relief Agencies

by admin | Mon, 03/08/2010 - 10:58

 Milavetz, Gallop & Milavetz, P.A. v. United States, No. 08-1119 (March 9, 2010) (click here for opinion). The majority opinion was written by Justice Sotomayor.   Justices Scalia and Thomas filed opinions concurring in part in the opinion, and the judgment.

11th Circuit Confirms That Potential Claims And Lawsuits Must Be Diclosed Or A Debtor Will Be Judicially Estopped From Pursuing Them.

by admin | Sun, 02/28/2010 - 10:20

There have been several cases over the years dismissing lawsuits by Debtors who failed to list the claim as an asset in their Bankruptcy schedules.  As the opinion below confirms, the same duty applies where the claim arose after the filing of a Chapter 13 case and even where the Debtor proposed to pay, and in fact did pay, all claims in full through a Chapter 13 plan.

Does A Credit Card Issuer Have A Security Interest In Good Purchased On Card? Yes, says Judge Bonapfel.

by admin | Sun, 02/28/2010 - 09:26

In a case that will likely be much more relevant to Chapter 13 cases, rather than Chapter 7 cases (where creditors are far less interested in repossessing household goods), Judge Bonapfel has ruled that a store credit card issuer's claim must be treated as secured in the Debtor's Chapter 13 plan. 

Venue For Large Chapter 11 Cases: Has The Supreme Court Changed the Rules?

by admin | Thu, 02/25/2010 - 09:52

The rules for venue for bankruptcy cases are found in 28 U.S.C. § 1408, which provides the following:

Except as provided in section 1410 of this title, a case under title 11 may be commenced in the district court for the district—

Seventh Annual Emory Bankruptcy Developments Journal Symposium

by admin | Tue, 02/23/2010 - 09:44

The Seventh Annual Emory Bankruptcy Developments Journal Symposium will be held on March 4, 2010.  The schedule for the event is below. You can register by clicking here.
 
Symposium Schedule

ND Ga - Creditor Not Entitled To Default Judgment; Responsibilities Of Lawyers

by admin | Sat, 02/06/2010 - 10:43

Chase Bank USA, N.A. v. Hampson (In re Hampson), 2009 Bankr. LEXIS 3412, Adv No. 09-4059 (Bankr. N.D. GA September 11, 2009) (Bonapfel).

ND Ga - Chapter 7 Trustee Cannot Sell Avoidance Claims

by admin | Sat, 02/06/2010 - 09:40

In re McGuirk, 414 B.R. 878 (Bankr. N.D. Ga. August 31, 2009) (Bihary).  A creditor approached the Chapter 7 Trustee about purchasing the assets of the Chapter 7 Estate, including the avoidance actions (although the Trustee apparently believed there were no such actions available in the case).  A Motion to sell assets was filed, and an objection was filed by the debtor, who alleged improper motive on the part of the creditor.  The Court denied the Motion. 

Southeastern Bankruptcy Law Seminar 2010

by admin | Tue, 02/02/2010 - 11:55

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