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Chapter 7 Young Lawyers

Robins Kaplan LLP

Eleventh Circuit Follows Ninth Circuit in Awarding Appellate Fees for Automatic Stay Violation

Robins Kaplan LLP on

By its recent decision in In re Horne, 876 F.3d 1076 (11th Cir. 2017), the United States Court of Appeals for the Eleventh Circuit broadened the scope of attorney’s fees that are recoverable pursuant to section 362(k) of the...more

BCLP

Over Four Hundred Years of Law on Fraudulent Transfers, Flushed Down the Drain

BCLP on

In 1571, Parliament enacted a law, sometimes known as the Statute of 13 Elizabeth, creating one of the greatest means of creditor protection – the proscription of fraudulent transfers. As Professors Baird and Jackson stated,...more

Burr & Forman

Bankruptcy Court Order Compelling Surrender of Property Upheld on Appeal

Burr & Forman on

On November 23, 2015, in the first appellate decision of its kind, the District Court for the Southern District of Florida affirmed a bankruptcy court order to compel chapter 7 debtors to surrender real property by directing...more

Troutman Pepper

Joint Tenancy: What Happens When a Joint Tenant’s Interest Becomes Part of the Bankruptcy Estate?

Troutman Pepper on

Peet v. Checkett (In re Peet), 529 B.R. 718 (8th Cir. BAP 2015) – A chapter 7 trustee proposed to sell real and personal property that was owned by the chapter 7 debtors as joint tenants with parents of one of the...more

Burr & Forman

Life After Death for Chapter 7 Corporate Debtors? What Remains After a Corporate Liquidation

Burr & Forman on

Individuals filing for bankruptcy pursuant to Chapter 7 of Title 11 of the United States Code (the "Bankruptcy Code") generally do so to have their debts discharged and receive the proverbial "fresh start." The same, however,...more

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