Listen to this article Bankruptcy filings rose 16 percent during the 12-month period ending March 31, according to the latest data released by the U.S. Judiciary. The Administrative […]
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Chapter 13 debtor avoids pre-petition foreclosure sale
Listen to this article A U.S. Bankruptcy Court judge has decided that a Chapter 13 debtor whose home was sold at a foreclosure auction before he filed his […]
Bankruptcy – Cannabis – Proceeds
Listen to this article Where a Chapter 13 debtor proposed a plan that would have been funded with earnings from his employment at a cannabis dispensary, a U.S. […]
Bankruptcy – Misclassification – Intent
Listen to this article Where a defendant filed a Chapter 7 petition after being held liable in state court for misclassifying two plaintiffs as independent contractors rather than […]
Cannabis dispensary worker ineligible for bankruptcy relief under Ch. 13
Listen to this article The U.S. Bankruptcy Appellate Panel has found that an employee of a state-licensed cannabis business could not avail himself of Chapter 13 protection. The […]
Bankruptcy – Mortgage – Equitable estoppel
Listen to this article Where a plaintiff debtor has filed a complaint alleging violations of various state and federal consumer protection laws related to a mortgage loan, judgment […]
Bankruptcy – Preferential payments – Ordinary course of business
Listen to this article Where an adversary proceeding has been brought to recover transfers made by the debtor to the defendant during the 90-day period before the filing […]
Trustee can recoup ‘preferential’ pre-petition transfers
Listen to this article A Chapter 7 trustee could recover $56,000 in transfers the debtor made to one of its creditors during the 90-day “preferential period” leading up […]
Bankruptcy – Homestead – Resulting trust
Listen to this article Where two creditors have objected to a homestead exemption claimed by a debtor, that objection should be sustained because the debtor failed to meet […]
Bankruptcy – PACA – Trust
Listen to this article Where creditors have claimed that debts owed to them for the sale of produce are nondischargeable, the debtor is entitled to summary judgment on […]