Scott St. Amand

Scott St. Amand

Rogers Towers

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Chapter 20 in the Eleventh Circuit: Modification of Secured Claims Impermissible Without Discharge

Nearly a year ago to the day, we published a post regarding the uncertainty that bankruptcy practitioners and lenders faced when a Chapter 7 debtor received a discharge, and subsequently filed a Chapter 13 petition to strip...more

11/7/2013 - Chapter 13 Chapter 20 Chapter 7 Consumer Bankruptcy Cramdown Debtors Dischargeable Debts Lenders

Rogers Towers: The Shell Game: Bankrupt Debtor’s Concealment of Pre-Petition Claims

In commercial lending, as in law, no single practice area exists independently of another. Bankruptcy law often intersects with contract law and even personal injury law when debtors find themselves as the plaintiff or...more

9/5/2013 - Commercial Bankruptcy Commercial Loans Debtors

Rogers Towers: Dismissal for Failure to Prosecute: Debtor’s Bankruptcy Appeal Tossed for Delay by Eleventh Circuit

As creditors’ counsel, we have often faced debtors who file bankruptcy simply to delay and frustrate the collection process. A recent case out of the Eleventh Circuit typifies the no-nonsense attitude that bankruptcy and...more

8/8/2013 - Chapter 7 Consumer Bankruptcy Debt Collection Debtors Failure to Prosecute Student Loans

Rogers Towers: Discharge and the Unscheduled Debt Part II: Punitive Effects of Intentional Non-Disclosure

In our previous post we discussed the due process requirements that underpin a debtor’s bankruptcy discharge. We noted that a debtor’s failure to schedule an actual or potential claim may prejudice the debtor’s ability to...more

7/2/2013 - Consumer Bankruptcy Debt Debtors Due Process Fraud

Rogers Towers: Discharge and the Unscheduled Debt: Discharge Requires Due Process

Often referred to as the “holy grail” of bankruptcy law, a bankruptcy discharge releases the debtor from personal liability for certain specified types of debts....more

6/27/2013 - Creditors Debtors Dischargeable Debts Due Process Personal Liability

Rogers Towers: Denying Discharge for Passive Falsification of Financial Statements

As we have discussed in previous posts, if a debtor actively falsifies a financial statement to obtain a loan, such debt is not dischargeable in a subsequent bankruptcy proceeding under § 523(a)(2)(B) of the Bankruptcy Code....more

6/20/2013 - Consumer Bankruptcy Debtors Deceptive Intent Dischargeable Debts Falsified Documents Loans

Rogers Towers: Caveat Creditor: Courts Split Regarding Abrogation of Absolute Priority Rule for Individual Chapter 11 Debtors

Although the 2005 BAPCPA amendments appeared to be a boon for creditors, at least with respect to Chapter 7 claims, individual Chapter 11 debtors immediately seized upon a perceived ambiguity in Congress’ language with...more

6/11/2013 - Abrogation Absolute Priority Rule BAPCPA Chapter 11 Debtors Statutory Interpretation

Rogers Towers: Lack of Permanent Visa May Preclude Invocation of Florida Homestead Exemption

Creditors often find themselves at the crossroads of multiple disciplines of law, such as the intersection of bankruptcy and tort law. Less commonly, however, creditors may find themselves at the intersection of bankruptcy...more

5/30/2013 - Creditors Debtors Homestead Exemption Permanent Residence Cards Visas

Rogers Towers: In re Davenport: The Eleventh Circuit sets Minimal Standards for Creditor Reliance in Fraud Case

The Bankruptcy Code protects lenders which reasonably rely upon a debtor’s financial statements when approving a loan. The Eleventh Circuit was recently faced with an “enterprising” debtor who attempted to challenge the...more

3/26/2013 - Debtors Falsified Documents Fraud

Rogers Towers: In re Sundale, Ltd.: Bankruptcy Court May Have Final Say in Certain State-law Counterclaims

As we have discussed in previous posts, the Supreme Court has held that not all counterclaims which arise within the context of a bankruptcy case are “core” proceedings, such that the bankruptcy court may make a final and...more

3/19/2013 - Counterclaims Creditors Debtors Jurisdiction SCOTUS

Rogers Towers: Surcharge of Debtor’s Exempt Assets Allowed when Debtor Willfully Conceals Non-Exempt Assets

Concealing assets from the Bankruptcy Court rarely, if ever, turns out well for a debtor. In a recent First Circuit case, a debtor concealed proceeds from prepetition sale of his former marital home, claiming that all of the...more

2/26/2013 - Bankrtupcy Surcharges Debtors Exempt Assets Non-Exempt Assets Willful Concealment

Rogers Towers: Insiders as Equity Investors: Competition Protects Lenders from Absolute Priority Rule Circumvention

Under the absolute-priority rule, unpaid creditors normally receive the equity in a reorganized business. If a plan of reorganization proposes a “new value” investment in exchange for equity, however, the rule does not...more

2/19/2013 - Absolute Priority Rule Chapter 11 Competitive Bidding Creditors Debtors Equity Investors In re Castleton Plaza New Value Plans Reorganizations

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