Lawyers USA Online » Bankruptcy http://lawyersusaonline.com Your Business Partner Wed, 08 Feb 2012 18:09:12 +0000 http://wordpress.org/?v=2.9.2 en hourly 1 Foreclosing bank can’t set aside bankruptcy stay  http://lawyersusaonline.com/blog/2012/02/03/foreclosing-bank-can%e2%80%99t-set-aside-bankruptcy-stay/ http://lawyersusaonline.com/blog/2012/02/03/foreclosing-bank-can%e2%80%99t-set-aside-bankruptcy-stay/#comments Fri, 03 Feb 2012 16:13:15 +0000 Pat Murphy http://lawyersusaonline.com/blog/2012/02/03/foreclosing-bank-can%e2%80%99t-set-aside-bankruptcy-stay/ A bank seeking to proceed with a home foreclosure lacked standing to obtain relief from the automatic stay entered in the homeowner’s bankruptcy case, the 10th Circuit has ruled in reversing judgment.

The bank brought a foreclosure action against the homeowner and a state court issued an order authorizing the
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]]> http://lawyersusaonline.com/blog/2012/02/03/foreclosing-bank-can%e2%80%99t-set-aside-bankruptcy-stay/feed/ 0 Lawyer disbarred for false statements in bankruptcy  http://lawyersusaonline.com/blog/2012/01/24/lawyer-disbarred-for-false-statements-in-bankruptcy/ http://lawyersusaonline.com/blog/2012/01/24/lawyer-disbarred-for-false-statements-in-bankruptcy/#comments Tue, 24 Jan 2012 17:12:30 +0000 Pat Murphy http://lawyersusaonline.com/blog/2012/01/24/lawyer-disbarred-for-false-statements-in-bankruptcy/ A lawyer could be disbarred for making false statements in the bankruptcy case of a client who wanted to hide her husband’s income, the New Hampshire Supreme Court has ruled.

The lawyer represented a client in a Chapter 13 bankruptcy case. The client was a newlywed who allegedly insisted that
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]]> http://lawyersusaonline.com/blog/2012/01/24/lawyer-disbarred-for-false-statements-in-bankruptcy/feed/ 0 Bankruptcy judges, lawyers frustrated by ‘Stern’ ruling  http://lawyersusaonline.com/blog/2011/12/30/bankruptcy-judges-lawyers-frustrated-by-%e2%80%98stern%e2%80%99-ruling/ http://lawyersusaonline.com/blog/2011/12/30/bankruptcy-judges-lawyers-frustrated-by-%e2%80%98stern%e2%80%99-ruling/#comments Fri, 30 Dec 2011 09:57:24 +0000 David Frank and Kimberly Atkins http://lawyersusaonline.com/blog/2011/12/30/bankruptcy-judges-lawyers-frustrated-by-%e2%80%98stern%e2%80%99-ruling/ U.S. Bankruptcy Court Judge Barbara J. Houser’s job is a lot harder than it used to be, and she is not afraid to admit it.

The problem for Houser and her colleagues, as well as practitioners across the country, is the
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]]> http://lawyersusaonline.com/blog/2011/12/30/bankruptcy-judges-lawyers-frustrated-by-%e2%80%98stern%e2%80%99-ruling/feed/ 0 Non-compliant plan may be exempt in bankruptcy  http://lawyersusaonline.com/blog/2011/12/28/non-compliant-plan-may-be-exempt-in-bankruptcy/ http://lawyersusaonline.com/blog/2011/12/28/non-compliant-plan-may-be-exempt-in-bankruptcy/#comments Wed, 28 Dec 2011 18:38:39 +0000 Pat Murphy http://lawyersusaonline.com/blog/2011/12/28/non-compliant-plan-may-be-exempt-in-bankruptcy/ A retirement plan that was not technically “tax qualified” under federal law may still be exempt from the taxpayer’s bankruptcy estate, the Utah Supreme Court has ruled in answering a certified question from a U.S. District Court.

State law provides that a “retirement plan or arrangement that is described in
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]]> http://lawyersusaonline.com/blog/2011/12/28/non-compliant-plan-may-be-exempt-in-bankruptcy/feed/ 0 Automatic stay for bankrupt party doesn’t apply to co-defendants  http://lawyersusaonline.com/blog/2011/12/23/automatic-stay-for-bankrupt-party-doesn%e2%80%99t-apply-to-co-defendants/ http://lawyersusaonline.com/blog/2011/12/23/automatic-stay-for-bankrupt-party-doesn%e2%80%99t-apply-to-co-defendants/#comments Fri, 23 Dec 2011 18:06:06 +0000 Correy Stephenson http://lawyersusaonline.com/blog/2011/12/23/automatic-stay-for-bankrupt-party-doesn%e2%80%99t-apply-to-co-defendants/ An insolvent asbestos defendant’s bankruptcy filing does not stay all litigation involving solvent co-defendants, the Alabama Supreme Court has ruled.

The plaintiffs filed a wrongful death suit against a number of defendants based on their decedents’ exposure to asbestos particles. They sought to hold the defendants jointly and severally liable.


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]]> http://lawyersusaonline.com/blog/2011/12/23/automatic-stay-for-bankrupt-party-doesn%e2%80%99t-apply-to-co-defendants/feed/ 0 Bankruptcy case dismissed for flawed credit counseling  http://lawyersusaonline.com/blog/2011/12/20/bankruptcy-case-dismissed-for-flawed-credit-counseling/ http://lawyersusaonline.com/blog/2011/12/20/bankruptcy-case-dismissed-for-flawed-credit-counseling/#comments Tue, 20 Dec 2011 17:38:51 +0000 Pat Murphy http://lawyersusaonline.com/blog/2011/12/20/bankruptcy-case-dismissed-for-flawed-credit-counseling/ A Chapter 13 case could be dismissed because the debtor failed to complete both the Internet and telephone portions of his mandatory prepetition credit counseling, the 6th Circuit Bankruptcy Appellate Panel has ruled in affirming judgment.

Section 109(h) of the Bankruptcy Code generally requires that a debtor must have completed
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]]> http://lawyersusaonline.com/blog/2011/12/20/bankruptcy-case-dismissed-for-flawed-credit-counseling/feed/ 0 Justices to decide ‘cramdown’ rights of secured lender  http://lawyersusaonline.com/blog/2011/12/12/justices-to-decide-%e2%80%98cramdown%e2%80%99-rights-of-secured-lender/ http://lawyersusaonline.com/blog/2011/12/12/justices-to-decide-%e2%80%98cramdown%e2%80%99-rights-of-secured-lender/#comments Mon, 12 Dec 2011 20:16:25 +0000 Pat Murphy http://lawyersusaonline.com/blog/2011/12/12/justices-to-decide-%e2%80%98cramdown%e2%80%99-rights-of-secured-lender/ The U.S. Supreme Court will decide whether a Chapter 11 debtor may pursue a reorganization plan that proposes to sell encumbered assets at auction free and clear of liens without allowing a secured lender to bid its credit.

The Court will review a decision by the 7th Circuit that a
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]]> http://lawyersusaonline.com/blog/2011/12/12/justices-to-decide-%e2%80%98cramdown%e2%80%99-rights-of-secured-lender/feed/ 1 Bankruptcy procedure rules are revised  http://lawyersusaonline.com/blog/2011/12/07/bankruptcy-procedure-rules-are-revised/ http://lawyersusaonline.com/blog/2011/12/07/bankruptcy-procedure-rules-are-revised/#comments Wed, 07 Dec 2011 21:44:20 +0000 Carol Lundberg http://lawyersusaonline.com/blog/2011/12/07/bankruptcy-procedure-rules-are-revised/ http://lawyersusaonline.com/blog/2011/12/07/bankruptcy-procedure-rules-are-revised/feed/ 0 Assignee can set aside bankruptcy stay  http://lawyersusaonline.com/blog/2011/12/07/assignee-can-set-aside-bankruptcy-stay/ http://lawyersusaonline.com/blog/2011/12/07/assignee-can-set-aside-bankruptcy-stay/#comments Wed, 07 Dec 2011 17:36:48 +0000 Pat Murphy http://lawyersusaonline.com/blog/2011/12/07/assignee-can-set-aside-bankruptcy-stay/ The assignee of a security interest in a motor vehicle had standing to set aside the automatic stay in the borrower’s bankruptcy case, even though the assignment hadn’t been recorded in accordance with applicable state law, the 6th Circuit Bankruptcy Appellate Panel has ruled in reversing judgment.

An affiliate of
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]]> http://lawyersusaonline.com/blog/2011/12/07/assignee-can-set-aside-bankruptcy-stay/feed/ 0 Bankruptcy order on abuse issue can be appealed  http://lawyersusaonline.com/blog/2011/12/02/bankruptcy-order-on-abuse-issue-can-be-appealed/ http://lawyersusaonline.com/blog/2011/12/02/bankruptcy-order-on-abuse-issue-can-be-appealed/#comments Fri, 02 Dec 2011 18:39:36 +0000 Correy Stephenson http://lawyersusaonline.com/blog/2011/12/02/bankruptcy-order-on-abuse-issue-can-be-appealed/ An order denying a U.S. Trustee’s motion to dismiss a debtor’s Chapter 7 bankruptcy case as abusive is a final appealable order, the 4th Circuit has ruled in reversing a denial of a motion to appeal.

A married couple filed for Chapter 13 protection and subsequently converted their petition to
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