Bankruptcy Law | JD Supra Legal News, Updates, Analysis, & Information

The 75 Cent Promissory Note

by John Skiba on 2/22/2012

The other day I was scheduled to attend a continuing education conference with some of the local Arizona bankruptcy trustees. I thought I had given myself plenty of time. I arrived at the parking garage, walked inside, and...more
NINTH CIRCUIT REJECTS “WHOLE BUSINESS ENTERPRISE” - PART 2 OF 2

by Joel Glucksman on 2/22/2012

In my prior post on this topic, I noted that a “single asset real estate” debtor has but a very limited window in which to hide in bankruptcy before the inevitable unfolds. The Congressional history for this change that added the...more
NINTH CIRCUIT REJECTS “WHOLE BUSINESS ENTERPRISE” EXCEPTION

by Joel Glucksman on 2/22/2012

A late January ruling by the Ninth Circuit Court of Appeals has gladdened real estate lenders and struck terror into the hearts of developers. Essentially, the court prevented a major real estate developer from using the “whole...more
Update: Bankruptcy Court Challenges to Errors in Deeds of Trust and Mortgages

by Poyner Spruill LLP on 2/22/2012

As real estate-related bankruptcy filings remain steady, courts continue to see debtors challenging the validity of deeds of trust and mortgages due to minor scriveners’ errors. The United States Bankruptcy Court for...more
What You Should Find Out from a Bankruptcy Lawyer

by Tampa Bay Bankruptcy Center, P.A. on 2/21/2012

Shopping for a bankruptcy lawyer? It would be to your best interests to interview a few potential bankruptcy lawyers who can represent you before hiring one for yourself. Bankruptcy protection can be a rather complex process so it...more
Leverage is Back: The Return of the Pyramid Business Model for Law Firms, with a Twist

by Jerome Kowalski on 2/21/2012

In the second half of the last century, BigLaw developed and then fine tuned its pyramided business model. The name of the game was leverage: put an increasingly large cadre of associates at the base of the pyramid, have them bill...more
Discharge Letters to Credit Bureaus

by Christine Wilton on 2/20/2012

After you receive your bankruptcy Discharge, use these letters and write to the credit bureaus to help rebuild your credit after bankruptcy....more
Will they take my house if I file bankruptcy? (Part 2)

by Malcolm Ruthven on 2/19/2012

I'm current on my house mortgage payments but am way in debt for other things. If I file bankruptcy, will they take my house? In Part 1 we discussed what might happen in a Chapter 7 bankruptcy. Today we discuss Chapter 13, the "payment...more
No Pain No Gain: Striving for Exactness in Your Bankruptcy Documents

by John Skiba on 2/18/2012

I recently attended a continuing education course that was presented by a group of Arizona bankruptcy attorneys that I am apart of. The presentation was given by three Phoenix bankruptcy trustees. In every bankruptcy case that is...more
Class Dismissed: Fourth Circuit Affirms Denial of Class Proofs of Claim; Leaves Open Possibility for Similar Claims in the Future

by Cadwalader, Wickersham & Taft LLP on 2/17/2012

On February 2, 2010, the United States Court of Appeals for the Fourth Circuit held that certain class action claimants in the Circuit City bankruptcy cases were authorized to file class proofs of claim. However, the Fourth...more
No Escape from Student Loans Through Bankruptcy

by Lawyers.com on 2/17/2012

More and more, recent college graduates are finding that their diploma is less of a ticket to prosperity and more of ball and chain. Is bankruptcy an option? Debt loads rising while jobs remain scarce Many...more
Ninth Circuit Finds that Orders Denying Removal of a Trustee Are Not Subject to Appeal

by Cadwalader, Wickersham & Taft LLP on 2/17/2012

In SK Foods, affiliates of the debtor brought a motion to remove the trustee on the grounds that the trustee’s seizure and refusal to return documents belonging to the appellants, but stored at the debtors’ facilities,...more
Foreclosure and Bankruptcy

by Tampa Bay Bankruptcy Center, P.A. on 2/17/2012

One of the main concerns of any homeowner is foreclosure of his or her primary home. Foreclosure is normally the course of action taken by lenders when you fall behind on your mortgage payments. Foreclosing the mortgage means the...more
IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - February 16, 2012

by Loeb & Loeb LLP on 2/17/2012

Table of Contents Frerck v. John Wiley & Sons, Inc. Stan Lee Media, Inc. v. Conan Sales Co., LLC Frerck v. John Wiley & Sons, Inc., USDC N.D. Illinois, February 7, 2012 District...more
Weiss v. Boyle

Trust Beneficiary Massachusetts Homestead Invalidated

by David K Webber on 2/16/2012

The debtor in this Chapter 7 bankruptcy case claimed a homestead exemption for real property held in trust. Although the debtor was a beneficiary holding fifty percent of the interests in the trust and occupied the property, she was...more