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Preclusive Effect Of Bankruptcy Claims And Court Orders On Claims Objections

A recent issue surfaced in a Chapter 13 bankruptcy case related to a mortgage claim. The debtor had filed a previous bankruptcy case during which she had objected to the mortgage creditor’s claim. A hearing was set, but...more

Removal of Cases to Bankruptcy Court

Removal Generally - Removal of cases from one court to another is typically done when a party involved in a legal dispute believes the case should be heard in a different jurisdiction or court. Removal is governed by...more

Understanding the Statement of Financial Affairs in Bankruptcy

Introduction - In prior recent blogs, we looked at the “letter” schedules A-J. Now we turn to a few other important schedules that must be filed. When filing for bankruptcy, one of the essential forms you’ll need to...more

Bankruptcy Schedules: Schedule J

Continuing with our series on bankruptcy schedules, today we’ll look at Schedule J, which is used to provide information about your monthly expenses. Schedule J is usually not discussed without discussing it in conjunction...more

Bankruptcy Schedules: Schedule I

Continuing with our series on bankruptcy schedules, today we look at Schedule I, which is used to provide information about your income. This form provides a variety of purposes in bankruptcy cases – depending on the chapter...more

Bankruptcy Schedules: Schedule H

Continuing our look at Bankruptcy Schedules, today we turn to Schedule H, which is used to list all of your co-debtors.  A co-debtor is someone who is jointly liable with you on a debt.  For example, if you and your spouse...more

Bankruptcy Schedules: Schedule G

Continuing with our series on bankruptcy schedules, today we look at Schedule G, which is used to list all of your executory contracts and unexpired leases. An executory contract is a contract in which both parties still have...more

Bankruptcy Schedules: Schedule F

Continuing our series on bankruptcy schedules, Schedule F is used to list all of your general unsecured debts. General unsecured debts are those that are not secured by collateral and are not entitled to priority payment...more

Bankruptcy Schedules: Schedule E

Continuing our series on bankruptcy schedules, today we turn to Schedule E.  Schedule E is used to list all of your priority unsecured debts.  Although Schedule E is now combined with Schedule F, we will separate the two for...more

Bankruptcy Schedules: Schedule D

Continuing on with our series on Bankruptcy Schedules, today we’ll look at Schedule D, which is used to list all of the secured debts that you owe as of the date that you filed for bankruptcy.  Secured debts are those that...more

Bankruptcy Schedules: Schedule C

This will continue our series on bankruptcy schedules. In a prior blog post, we looked at Schedule A/B.  Today, our focus will be on Schedule C related to the claiming of exemptions. ...more

Bankruptcy Schedules: Schedule A/B

This will be the first in a series of blog posts that will focus on completing bankruptcy schedules.  We’ll start in this blog with the first schedule – Schedule A/B. ...more

Fraudulent Transfers | Burdens of Proof

So this is the fifth and final installment of my five-part series on fraudulent transfers. In previous blogs, I laid out the basic statutory framework regarding fraudulent transfers, as well as described generally the...more

Fraudulent Transfers | Insolvency

So this is the fourth in my expected five-part series on fraudulent transfers. In previous blogs, I laid out the basic statutory framework regarding fraudulent transfers, as well as a described generally the difference...more

Fraudulent Transfers | Badges of Fraud

After a break for the holidays, this is the third of an expected five-part series on fraudulent transfers. In my first blog, I laid out the basic statutory framework, as well as a described generally the difference between...more

Elements of Fraudulent Transfers Under Bankruptcy Code and TUFTA

This is the second of an expected five-part series on fraudulent transfers. In my first blog, I laid out the basic statutory framework, as well as described generally the difference between actual and constructively...more

Fraudulent Transfers

Basic Statutory Framework and the Difference Between Actual and Constructive Fraudulent Transfers - Over the last 45 days, I have litigated four separate fraudulent transfer adversary proceedings in Bankruptcy Court. ...more

Can Trustees Avoid Transfers Made Pursuant to Divorce Decrees or Other Agreements Incident to Divorce?

This issue arose in a case I am currently working on, and the short answer is yes, and divorce lawyers would be served well by becoming familiar with this possibility.  Situations where this might arise can vary...more

Dischargeability of Divorce-Related Debts

Subsection (15) of Section 523(a) was added to the Bankruptcy Code in the Bankruptcy Reform Act of 1994 to expand the Section 523(a)(5) exception to discharge for marital debts.  Section 523(a)(15) provides that an individual...more

Bankruptcy: Adversary Proceedings and section 523(a)(6)

The recent bankruptcy case of Lee v. Weatherford (In re Weatherford), Adv. Proc. 21-03059 (Bankr. N.D. Tex., January 19, 2022) interprets 11 U.S.C. § 523(a)(6)....more

Faulkner v. Broadway Festivals, Inc., Adv. Proc. 20-05031 (Bankr. N.D. – Tex., January 11, 2022)

Faulkner v. Broadway Festivals, Inc. The recent bankruptcy case for Northern District of Texas, Faulkner v. Broadway Festivals, Inc., Adv. Proc. 20-05031 (Bankr. N.D. – Tex., January 11, 2022), addresses preferential...more

Bankruptcy and Non-Dischargeability Causes of Action

This adversary proceeding in Rennaker v. Davis, Case No. 20-04065 (Bankr. N.D. Tex., Nov. 9, 2021), involves a litany of non-dischargeability allegations – both under 11 U.S.C. §523 and §727. Judge Mark Mullin’s opinion...more

Bankruptcy: The Mechanics of Exemptions and Related Issues

Most bankruptcy attorneys have a basic level of understanding of the how exemptions work. At a very broad level, a claim of exemptions removes property of a consumer debtor (note that business debtors are not afforded...more

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