A fight, a nose bite, and $110,000 later: A (Legal) Lesson in Keeping Your Cool
In legal practice, sometimes you just come across a case that makes you realize you cannot make this stuff up. This case comes out of the Bankruptcy Court for the Southern District of New York. The issue presented is whether a judgment against someone, arising from a physical altercation in which the debtor bit the […]
KEEP READING . . .Case Review: What happens if creditors were left off from my bankruptcy papers?
This is a review of a recent case out of the Bankruptcy Court for the Northern District of Alabama that is instructive on the power of the bankruptcy discharge, and what may follow when creditors are omitted from a type of bankruptcy case. That is, if a debtor, for whatever reason, did not list certain […]
KEEP READING . . .Case Review: The Impact of Divorce Judgments on Real Property in Bankruptcy
I saw this fairly common fact pattern once while I was sitting in state court waiting for my case to be called. I was watching a conference on a post-judgment divorce case. The wife had filed papers against her former husband alleging that he was breaching the terms of the settlement agreement because he was […]
KEEP READING . . .Can Chapter 13 Bankruptcy Help With Abandoned Foreclosure Properties?
Are you one of the many people who suffered hardship as a result of the foreclosure bubble? Have deed in lieu and short sale options failed, and you wonder how can you ever rid yourself of the burden that is that real estate? If you’re dealing with abandoned foreclosure properties, bankruptcy may provide an answer. […]
KEEP READING . . .Pro Se Debtors Must Comply With Court Directives
I understand the want to handle legal matters by yourself. The thought of having to pay legal fees makes almost everyone cringe in fear. The practice area does not matter, I see it every day. Bankruptcy. Landlord-Tenant. Commercial litigation. No one wants to pay for attorneys fees. Additionally, there is a thought floating around that […]
KEEP READING . . .Is Bankruptcy for a Business a Good Thing?
As the economy of the United States continues to grow, and access to lines of credit are freeing up, new businesses are starting to proliferate. Personally, I think that is a great sign. Unfortunately, however, the reality is that many new businesses fail. Whether it was due to poor planning, inefficient distribution of resources and […]
KEEP READING . . .Case Review: Student Loan Dischargeability Under New Scrutiny
Student loan debt is the struggle of the latest generation (author included). Fortunately, more attention is being paid to it. Additionally, there is some increased awareness and movement to have student loans become dischargeable in bankruptcy.
KEEP READING . . .Case Update: Liability of spouses on debts when one party files for bankruptcy
You get married. You exchange vows – until death do us part; in sickness and in health; in lack and in abundance. BUT what about when one spouse files for bankruptcy and the other doesn’t?
KEEP READING . . .