This entry is part of Nelson Mullins’s ongoing “Bankruptcy Basics” blog series that is intended to address foundational aspects of bankruptcy for new and non-bankruptcy practitioners and professionals. This entry will discuss...more
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
In a recent case from the Bankruptcy Court for the District of South Carolina, Defeo v. Winyah Surgical Specialists, P.A., AP No. 21-80011 (In re Defeo, C/N 20-03738) (September 27, 2021), Bankruptcy Judge John E. Waites...more
In re Shayne Allan Steen and Tracie Melissa Cole, Case No. 20-50042 (Bankr. N.D. Tex, July 7, 2021) deals with a debtor’s attorneys’ fees incurred in defending the debtor in a non-dischargeability adversary proceeding filed...more
The Situation: Circuit courts were split on whether mere retention by a creditor of estate property violates the Bankruptcy Code's automatic stay, under 11 U.S.C. § 362(a)(3). The U.S. Supreme Court considered the question in...more
In practice, it is not uncommon for bankruptcy debtors to file suit against creditors or debt collectors for stay and discharge injunction violations. Often, they will do so before making any meaningful attempt to communicate...more
In a recent appeal directly to the Fifth Circuit from a Southern District of Texas Bankruptcy Court, the court affirmed the bankruptcy court’s denial of a motion to compel arbitration. In Henry v. Educational Financial...more
Unlike mortgage foreclosures, which are immune from fraudulent conveyance avoidance attack, the Third Circuit recently ruled, in a case of first impression, that a transfer of title pursuant to a New Jersey tax sale...more