US Supreme Court Denies Review of Student Loan Case

padlock, chain link fence

The US Supreme Court has declined to review a student loan case that would have presented the question as to the appropriate standard of review for a hardship discharge of student loans in bankruptcy cases.  While a number of interesting student loan opinions are coming out from courts across the United States, this was the […]

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Case Review: Judge tells Louis Vuitton that sometimes it’s better “to smile or laugh than it is to sue”

woman, handbag

Parties seek the protection of intellectual property (such as trademarks and copyright) to create a highly recognizable brand, separating itself from all the competition.  When another party seeks to profit off of your designs, you expect to enforce your rights in your intellectual property by suing.  What happens, though, when another party creates a parody […]

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Voluntary Retirement Contributions and Retirement Loan Repayments are reasonably necessary expenses for Bankruptcy Debtor

Close up coins on paper.

In bankruptcy news, a nice, debtor-friendly case came out of the Bankruptcy Court for the Southern District of Indiana.  The question presented: whether a debtor’s voluntary retirement contributions and retirement loan repayments are reasonably necessary expenses for bankruptcy debtor.  The answer according to this court: Yes!

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What does Limited Liability really mean for you and your business? A bankruptcy case explains it clearly.

man, suit, desk

When working with both individuals and businesses (both new and ongoing), I often get asked whether the corporation that is or was created will protect them from liability (in the general sense).  I try to give my best response to such an open-ended question, which is usually something like, “[w]hen done right, a corporate entity […]

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Sometimes, (in bankruptcy) letting go is the best thing

night, rain

People often tend to let their emotions govern their choices, especially in legal matters.  It’s ultra-common in divorces, where the parties would rather battle over some issue, keeping the case open another few years and increasing attorneys fees, rather than coming to a sensible resolution. (I once saw a conference where the parties decided to […]

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Chapter 13 Bankruptcy Debtors MAY Object to Claims Filed Post-Confirmation

A man in a suit sitting at a desk with bankruptcy documents.

Chapter 13 bankruptcy offers debtors a flexible and versatile way to deal with debts, especially when they may not qualify for chapter 7 bankruptcy, or are attempting to obtain a result not available in chapter 7 cases.  For sure, there may be bumps in the road, especially when institutional creditors file documents attempting to obtain […]

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Bank Tries to Disregard Loan Modification Agreement that IT OFFERED in Bankruptcy Court!

A row of buildings on a street in Boston, Massachusetts with the right to foreclose.

“Wow!”  That was all I could think after reading this case.  Unfortunately, poor lender practices, especially in the foreclosure and bankruptcy context, have become all too common.  If you or someone you know had been dealing with a foreclosure, then you might be aware of the challenges that had to be overcome to gain some […]

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Ya Filthy Animal causes Trademark Dispute

A person causing a trademark dispute while sitting at a table with a laptop.

The legal world is replete with stuff you just can’t make up.  I’ve written previously on the need of business owners to allocate funds for legal expenses – because they will arise.  What do you do when a potential online attack takes place that shuts down all of your sales?  

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