Marc S. Stern – Attorneys at Law

Brief in support of motion to dismiss for failure to state a claim. The complaint alleges a bare bones recitation of the elements. It does not allege plausible facts. …more

Supplemental brief taking into account the S.Ct. ruling in Schwab v. Reilly. The brief deals with the meaning of exemptions and property claimed exempt…more

This brief amici curiae supporting Petitioners Milavetz, Gallop & Milavetz, P.A., et al., is filed by two bar associations (the Connecticut Bar Association (“CBA”) and the National Association of Consumer Bankruptcy…more

Pursuant to Supreme Court Rule 37.3, the American Bar Association (ABA), as amicus curiae, respectfully submits this brief in support of Petitioner’s challenge to the constitutionality of the Bankruptcy Abuse Prevention and…more

Petitioners Robert Milavetz and Barbara Nevin are attorneys who provide bankruptcy ad-vice and counseling to clients. They practice as part of petitioner law firm Mi-lavetz, Gallop, and Milavetz, P.A. Petitioners Ronald and…more

This is the Resolution that the American Bar Association House of Delegates unanimously passed on August 4, 2009. RESOLVED, that the American Bar Association opposes the provisions in the Bankruptcy Abuse Prevention and…more

Brief on issue of whether forfeited earnest money is subject to the security interest of the lender …more

Working Paper by the Task Force on Attorney Discipline on the best practices on debtor's attorneys in filling out schedules and the means tes…more

Motion in support of avoidance of lien as impairing homestead on non-dischargeable debt…more

Does property claimed exempt pass out of the estate if the trustee fails to timely object to the exemption pursuant to BR 4003? Does post-petition appreciation on totally exempt property belong to the trustee or to the debtor? …more

Response to U.S. Trustee Motion to Dismiss based on ability to Pay…more

Brief of Real Estate Agent re Trustee request for turnover of commissions for properties listed or sold prior to filing that closed after filing of bankruptcy petition…more

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Brief in Support of Order Allowing Judgment Creditor to garnish Chapter 13 trustee for funds owed to other creditors. The Judgment was based upon a judgment entered on an Objection to Claim and Counter-claim…more

CLE materials on Reaffirmation under BAPCPA including at attorney's ethical obligations. …more