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Documents on Bankruptcy, Professional Services
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|No Post-Confirmation Jurisdiction for Adversary Proceeding Alleging Debtor Fraud and Non-Compliance with Professional Retention and Fee Provisions|
Elizabeth J. Austin, Irve J. Goldman, Jessica Grossarth, Jonathan A. Kaplan; Pullman & Comley, LLC;
November 7, 2013, previously published on Fall 2013In Vanguard Products Corp. v. Citrin, (In re Indicon, Inc.), 2013 WL 5435536 (D. Conn. Sept. 30, 2013 (Underhill, J.), the bankruptcy court’s ruling that it lacked post-confirmation jurisdiction over an adversary proceeding was affirmed by the district court. The adversary proceeding at issue...
|When Insolvency Changes the Deal|
Dennis O'Dea; The SFS Law Group;
August 22, 2012, previously published by Insolvency InsightsUnderstanding Insolvency and Bankruptcy. Many familiar business relationships and contract rights are changed when one of the parties is insolvent or in bankruptcy. Knowing how "Insovency Changes the Deal" is essential to avoiding the pitfalls.
|Sixth Circuit Holds That Mortgagor States Claim for FDCPA Violation against Law Firm That Misidentifies Bank as Holder of Mortgage|
Stephanie A. Broder; Hinshaw & Culbertson LLP;
July 5, 2012, previously published on June 28, 2012In Wallace v. Washington Mutual Bank, F.A., --- F. 3d ---, 2012 WL 2379664 (6th Cir. June 26, 2012), plaintiff mortgagor sued a law firm for violation of the Fair Debt Collection Practices Act (FDCPA) for filing a foreclosure action on behalf of a bank that did not own and hold the promissory note...
|"Robo-Signings" Did Not Amount to a Cause of Action Under the Fair Debt Collection Practices Act|
Gregory L. Arbogast; Semmes, Bowen & Semmes A Professional Corporation;
May 22, 2012, previously published on May 2012In Stewart v. Bierman, Judge Titus of the United States District Court for the District of Maryland held that Plaintiffs could not maintain the Fair Debt Collection Practices Act (“FDCPA”) action against the law firm of Bierman, Geesing, Ward & Wood, LLC for forging signatures on...
|Divorce & Bankruptcy Until Debt Do Us Apart!|
Raymond M. Schimmel LL.M.;
April 5, 2012Most experts agree that financial difficulties rate highly among the leading causes for divorce. Not surprisingly, when couples are dissolving their marriage they will often seek my advice regarding bankruptcy. I often hear from clients who are referred by a family law attorney. I also sometimes...
|Suit Against Law Firm Retained by Bankruptcy Trustee Not Permitted Without Bankruptcy Court Approval|
Eric M. Leppo; Semmes, Bowen & Semmes A Professional Corporation;
February 22, 2012, previously published on February 2012James Mark McDaniel, et al. v. John M. Blust, et al., Case No.: 10-1776 (U.S. Court of Appeals for the Fourth Circuit, February 9, 2012)
In this recently issued opinion from the United States Court of Appeals for the Fourth Circuit, the Court affirmed the U.S. District Court for the Middle...
|Myths and Realities of Defending Against Preference Demands|
Richard (Jay) J. Reding; Larkin Hoffman Daly & Lindgren Ltd.;
December 16, 2011, previously published on December 14, 2011Due to the economic crisis of the past few years, many large and medium-sized businesses were forced to file for bankruptcy protection. Now, many businesses are faced with letters from bankruptcy trustees, or worse, a summons where the trustee is seeking liability for a “preference.”...
|Debtors Need Lawyers, Too: Illinois Courts Ensure Access|
Jonathan L. Loew; Much Shelist, P.C.;
December 13, 2011, previously published on December 8, 2011Until recently, Illinois courts rarely reviewed attorney-client retainer agreements. But with the economic downturn, civil liability has increased and retainers funded with money from judgment debtors have been challenged in court. Whether you are a creditor who is concerned about limiting ways for...
|Attorneys Who Act As Debt Collectors Must Clearly Identify Their Role or Risk Claims under the Fair Debt Collection Practices Act|
Heather J. Austin; Thorp Reed & Armstrong, LLP;
September 29, 2011, previously published on September 27, 2011In Lesher v. Law Offices of Mitchell N. Kay, PC,[i] the Court of Appeals for the Third Circuit provided guidance on the type of debt collection activity that it deems "false, deceptive, or misleading" and prohibited by the Fair Debt Collection Practices Act (the "FDCPA").[ii] An...
|San Diego Bankruptcy Lawyer: Chapter 13 Trustees Are Challenging the $200 Old Car Allowance|
Raymond M. Schimmel LL.M.;
September 22, 2011A new Chapter 13 controversy is brewing over whether a debtor can take an additional $200 “Old Car” operating allowance on the means test for paid-off vehicles that are more than six (6) model years old or that have more than 75,000 miles. While the United States Trustee has generally...