In re TOUSA, Inc.— Eleventh Circuit Reinstates Widely Criticized Fraudulent Transfer Decision by King & Spalding on 5/18/2012 On May 15, 2012, the United States Court of Appeals for the Eleventh Circuit issued an opinion in the TOUSA, Inc. (“TOUSA”) chapter 11 bankruptcy cases reinstating a $480 million fraudulent transfer judgment previously...more
Just When I Thought I Was Out . . . Eleventh Circuit Rules in TOUSA that Refinanced Lenders Can Be “Pulled Back In” and Held... by Cadwalader, Wickersham & Taft LLP on 5/18/2012 On May 15, 2012, the Eleventh Circuit Court of Appeals upheld a ruling by the U.S. Bankruptcy Court for the Southern District of Florida, which required certain lenders to return $403 million in prepetition payments they had...more
Reasons a Bankruptcy Case Would Be Dismissed by Harold Shepley & Associates, LLC on 5/18/2012 With more than 6,000 bankruptcy filings every day, the courts don’t have any time to waste when dealing with a bankruptcy case. It makes sense, then, that they would have a low tolerance if someone doesn’t follow the rules....more
Judge Rules Hostess Must Maintain Teamsters Union Contract by Joel Glucksman on 5/18/2012 Judge Rules Hostess Must Maintain Teamsters Union Contract by Joel R. Glucksman on May 18, 2012 A recent court ruling will prohibit Hostess Brands Inc. from terminating its union contract with the Teamsters, a move that...more
Why is bankruptcy so complicated and expensive? by Malcolm Ruthven on 5/18/2012 People in need of bankruptcy often find it difficult to get the money together to pay a bankruptcy lawyer. The President of the National Association of Consumer Bankruptcy Attorneys said, referring to the "new" 2005...more
Bankruptcy Secrets About Chapters 7 and 13 by Pew Law Center on 5/18/2012 A Chapter 7 bankruptcy is also known as a straight liquidation bankruptcy. Consumers often confuse this and falsely believe it means they have to liquidate or get rid of all their assets, like their house or car. In fact, it...more
Worried People Will Find Out ?You Filed Bankruptcy? by Pew Law Center on 5/18/2012 Bankruptcy filings are a matter of public record, however, no one will know about it unless they intentionally look up your record or you tell them. It is highly likely only your attorney, his staff, and the actual court...more
Arizona Tax Essentials: Preparing for an IRS Audit by Pew Law Center on 5/17/2012 The tax audit. If you have hypertension, the very concept can worsen your condition. Being prepared and anticipating what the Internal Revenue Service (IRS) will expect from you is key to managing the stress associated with a...more
How to Keep your Car in Bankruptcy by Tampa Bay Bankruptcy Center, P.A. on 5/17/2012 For most of us, a car is a necessity. Very few people can survive in an urban setting without a car in the 21st century. At the same time, most people own a car through obtaining a car loan. If you fall behind in your car...more
Eleventh Circuit Issues New TOUSA Decision, Upholds Finding That Upstream Guarantees Were Fraudulent Transfers by Davis Wright Tremaine LLP on 5/17/2012 In a decision with significant implications for borrowers and lenders, on May 15, 2012, the Eleventh Circuit Court of Appeals affirmed a bankruptcy court's findings that upstream guarantees and associated liens delivered by a...more
TOUSA Appeal: 11th Circuit Reinstates Bankruptcy Court’s Fraudulent Transfer Opinion as Against All Defendants by Bracewell & Giuliani LLP on 5/16/2012 TOUSA involved one of the largest fraudulent transfer litigations in bankruptcy history. The Bankruptcy Court agreed with the Unsecured Creditors’ Committee that both the so-called “New Lenders” and the “Transeastern Lenders”...more
OctoMom Files for Bankruptcy by Clint W. Smith, P.C. on 5/16/2012 Nadya Suleman, known the world over as “Octomom” because of her historic birthing of eight children last year, filed for Chapter 7 bankruptcy in Los Angeles. That’s “old” (Read: more than a week) news. What does her...more
Eleventh Circuit Reinstates Controversial Bankruptcy Court Opinion in In re TOUSA by Cadwalader, Wickersham & Taft LLP on 5/16/2012 On May 15, 2012, the U.S. Court of Appeals for the Eleventh Circuit reinstated the controversial 2009 opinion from the U.S. Bankruptcy Court for the Southern District of Florida in In re TOUSA Inc., which allowed the estate...more
Discharging Rent Arrears in Bankruptcy by Frank Pipitone on 5/16/2012 Many people with past due rent arrears find relief through the bankruptcy process. In addition, a bankruptcy filing invokes the automatic stay and could be used as a powerful tool to combat a potential eviction proceeding. ...more
Filing for Bankruptcy as a Married Couple by Tampa Bay Bankruptcy Center, P.A. on 5/16/2012 If you are a married couple thinking of filing a bankruptcy petition, there are some considerations you should bear in mind before doing so. You may opt either to file a petition jointly as a couple or separately as...more