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Recent Decision Creates Split in Middle District Regarding Whether 11 U.S.C. § 707(b)(2) Applies to Cases Converted to Chapter 7

In the last 2 years, three judges of the Middle District of Florida (Judges Funk, Delano and Williamson) have each issued opinions finding 11 U.S.C. § 707(b)(2) inapplicable in cases converted from a Chapter 13 to a Chapter...more

Don’t Let Debt Collectors Bully You Into a Bad Deal

The other day I had a trial against a junk debt buyer that ended in a directed verdict in favor of my client. This means that the court found that the junk debt buyer had put forth so little evidence that it was unnecessary...more

Have You Been Sued by Unifund CCR in Arizona?

Unifund CCR is one of the larger debt buying companies out there and they file a lot of lawsuits against consumers in Arizona. Debt buyers like Unifund claim that they have purchased old charged off debts and then file debt...more

Take the Fear out of Your Debt Collection Lawsuit

Getting served with a lawsuit can ruin anyone’s day. First, the way the law requires that you get notice of the lawsuit is very intrusive. A process server must come to your home, unannounced, and give you the summons and...more

Should I Appeal My Debt Collection Judgment?

Even though I think most debt collection lawsuits brought by junk debt buyers are just that – junk, there are many factors that can lead to judgment being entered against you and in favor of the debt buyer. After the initial...more

Who is Cavalry SPV and Why are they Suing Me?

Cavalry SPV is a debt buyer who sues people here in Arizona. If you are in the stressful position of having been sued by Cavalry SPV your first thought was like “who in the world are these people?”. In fact, many people...more

Bill on Bankruptcy: Delaware Garners Almost All Big Chapter 11s  [Video]

Dec. 5 (Bloomberg) -- Why the bankruptcy court in Delaware garnered almost five times more significant Chapter 11 reorganizations this year than New York is the first topic of discussion on the new video with Bloomberg Law's...more

Bill on Bankruptcy: Listening in the Dark at the NCBJ  [Video]

Nov. 7 (Bloomberg) -- Bloomberg Law's Lee Pacchia asks Bloomberg News bankruptcy columnist Bill Rochelle how he responded when the lights went out during his luncheon keynote speech at the annual convention of the National...more

Bill on Bankruptcy: LightSquared, the Battle among Hedge Funds [Video]

Sept. 5 (Bloomberg) -- The hedge funds battling for control of LightSquared Inc., the developer of a satellite-based wireless communications system, is the first item on the bankruptcy video with Bloomberg Law's Lee Pacchia...more

Bill on Bankruptcy: Appeals Court Changes the Law on Fraud [Video]

Aug. 29 (Bloomberg) -- The U.S. Court of Appeals in Chicago may be out on a limb by itself, or an opinion this week may signal change in attitude toward lenders who discover a customer's fraud and do nothing, as Bloomberg...more

Incentive Awards Corrupted Class Action Settlement By Undermining Adequacy Of Class Representatives And Counsel

The United States Court of Appeals for the Ninth Circuit recently considered “the issue of whether class representatives and class counsel are adequate where the settlement agreement conditions payment of incentive awards on...more

What happens if I do not provide my bankruptcy attorney with the documents he requested?

If you are considering bankruptcy or are wondering what is required of a debtor who files for bankruptcy, then you will want to read this post! Contact: George E. Bourguignon, Jr. Phone: (508) 769-1359...more

Global Connection - May 2013: Ninth Circuit Strikes Down $45 Million Class Action Settlement and Issues Warning About Use of...

Citing a conflict of interest between class representatives and a class, the Ninth Circuit Court of Appeals recently invalidated a $45 million class action settlement that had previously been approved by the district court....more

Bill on Bankruptcy: Kodak Plan Bumps the Debt, Craters Stock  [Video]

May 2 (Bloomberg Law) -- Eastman Kodak Co. filed a Chapter 11 plan that cratered the stock and bumped up the unsecured notes, although the plan may be revised to pay off second-lien debt fully in cash, as Bloomberg Law's Lee...more

Ninth Circuit Disapproves $45 Million FCRA Class Settlement Based On Conditional Incentive Award

On April 22, the U.S. Court of Appeals for the Ninth Circuit reversed a district court’s order approving a $45M class action settlement under FCRA on the grounds that the conditional nature of the incentive award rendered the...more

Ninth Circuit Rejects Class Action Settlement Providing Conditional Incentive Awards

Earlier this week, the United States Court of Appeals for the Ninth Circuit reversed approval of a $45 million class action settlement that had been reached with three credit reporting agencies in Radcliffe v. Experian...more

Bill on Bankruptcy: Stockton May Win the Battle, Lose the War [Video]

April 2 (Bloomberg Law) -- Although Stockton, California established the right to be in a Chapter 9 municipal bankruptcy, the judge warned the city that victory may be short-lived if bondholders prove that pensioners must...more

Debtor v. Bank of America, N.A.; 2:11-ap-01983-VZ

Court Transcript on Summary Judgment Hearing

Debtor's counsel successfully defeated this summary judgment motion brought forth by Bank of America, N.A. and a successive motion in this case. A pretrial conference is scheduled for May 23, 2013. The findings of fact...more

Bill on Bankruptcy: Sigmund Freud, Marx Brothers, Bernie Madoff [Video]

March 27 (Bloomberg Law) -- There was no settlement afoot when U.S. District Judge Jed Rakoff put off a hearing on an effort by the trustee for Bernard L. Madoff Investment Securities LLC to block a $410 million settlement...more

I am deciding between bankruptcy attorneys, one that costs less and will perform the bare minimum, and another that costs more and...

If you are contemplating filing a bankruptcy or hiring an attorney for any matter, you will want to read this post! Contact: George E. Bourguignon, Jr., Esq. Phone: (508) 769-1359 or (413) 746-8008 Email: ...more

Want to hire a cheap lawyer, watch out! (Part 2)

If you are in decision making process of which attorney or law firm to hire, this post informs you of an important point that will help you make that decision. So before you engage that all important counsel, you should read...more

What happens if I conceal an asset in bankruptcy?

If you wonder what can happen to those that a bankruptcy court believes has concealed assets in a bankruptcy, or are contemplating a bankruptcy and want to know the possible dangers if you are found to be operating in bad...more

How will my student loans be treated in a chapter 13 bankruptcy?

If you are considering options on how to deal with the heavy debt burden of student loans or desiring to learn more about how chapter 13 bankruptcy may help you or both, then you want to read this post! Contact: George...more

What does the Eaton decision mean for Massachusetts homeowners facing foreclosure?

If you are a Massachusetts resident that faces foreclosure or may be facing foreclosure in the future, you sure want to read this post. Contact: George E. Bourguignon, Jr. Phone: (508) 769-1359 or (413)...more

Eaton v. Federal National Mortgage Association

Final decision in Eaton, the decision that changes foreclosure practice in Massachusetts.

This is a copy of the long-awaited, important Massachusetts decision concerning foreclosures in Massachusetts titled Eaton v. Federal National Mortgage Association. It was issued 22 June 2012 and makes a substantive change...more

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