When Byron David filed a Chapter 7 bankruptcy case in July of 2018, Donald King was appointed Chapter 7 trustee. King filed an application to retain a law firm as his counsel. The bankruptcy court granted that application....more
In Barton v. Barbour, the United States Supreme Court held that before another court could obtain subject matter jurisdiction over a suit against a receiver for acts committed in the receiver’s official capacity, the...more
4/11/2023
/ Abstention ,
Attorney Malpractice ,
Bankruptcy Court ,
Bankruptcy Trustees ,
Barton Doctrine ,
Chapter 11 ,
Chapter 7 ,
Commercial Bankruptcy ,
Court-Appointed Receivers ,
Legal Representatives ,
Subject Matter Jurisdiction
As originally enacted, the Affordable Care Act (“ACA”) required most people to maintain health insurance. Those who did not maintain the required insurance were obligated to pay a “shared responsibility payment” (“SRP”),...more
1/25/2023
/ Affordable Care Act ,
Anti-Injunction Act ,
Appeals ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 13 ,
Chapter 7 ,
Health Insurance ,
Income Taxes ,
Individual Mandate ,
IRS ,
NFIB v. Sebelius ,
SCOTUS ,
Shared Responsibility Rule ,
Tax Returns
Any creditor that has experienced more than a few customers or borrowers filing for bankruptcy is aware that there is a risk of being sued by a trustee to avoid transfers that the creditor received prior to the bankruptcy...more
11/10/2020
/ Bankruptcy Code ,
Chapter 7 ,
Commercial Bankruptcy ,
Creditors ,
Debtors ,
Financial Distress ,
Fraudulent Transfers ,
IRS ,
Liquidation ,
Preferential Transfers ,
Trustees ,
UFTA
Anyone who listens to the radio on the way to work has heard ads inviting them to free seminars in their local area at which they can learn how to make easy money buying “government secured” tax certificates. Purchasing such...more
9/18/2019
/ Appeals ,
Avoidable Transfer ,
Bankruptcy Code ,
Chapter 7 ,
Consumer Bankruptcy ,
Delinquent Assessment Dues ,
Delinquent Borrowers ,
Foreclosure ,
Property Tax ,
Real Estate Investments ,
Right of Redemption ,
SCOTUS ,
Section 547 ,
Tax Certificates ,
Tax Injunction Act ,
Tax Sales
“Transfers,” and when they occur, are important under the Bankruptcy Code for a number of reasons. Trustees may recover as a “preference” any “transfer…to of for the benefit of a creditor…for or on account of an antecedent...more