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Search Results (67) Documents on Bankruptcy, Professional Services Show: results per page Sort by:  | When Insolvency Changes the Deal
Dennis O'Dea; The SFS Law Group;
White Paper August 22, 2012, previously published by Insolvency Insights Understanding 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;
Legal Alert/Article July 5, 2012, previously published on June 28, 2012 In 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;
Legal Alert/Article May 22, 2012, previously published on May 2012 In 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.;
Legal Alert/Article April 5, 2012 Most 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;
Legal Alert/Article February 22, 2012, previously published on February 2012 James 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.;
Legal Alert/Article December 16, 2011, previously published on December 14, 2011 Due 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.;
Legal Alert/Article December 13, 2011, previously published on December 8, 2011 Until 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;
Legal Alert/Article September 29, 2011, previously published on September 27, 2011 In 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: Exploration of Special Problems Associated With California
Spousal Exemption Waivers Under Cal. Code Civ. Proc. §703.140(a)(2)
Raymond M. Schimmel LL.M.;
Legal Alert/Article September 22, 2011 The most significant of the differences between the two sets of exemptions is that “regular exemptions” allow a large homestead exemption to be applied towards protecting the equity in the debtor’s residence. The homestead exemption varies in value between $75,000 and $175,000...
| | San Diego Bankruptcy Lawyer: Chapter 13 Trustees Are Challenging the $200 Old Car Allowance
Raymond M. Schimmel LL.M.;
Legal Alert/Article September 22, 2011 A 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...
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