States Can File Objection To Bankruptcy Plan On Behalf Of Domestic Support Claimant

In the Chapter 13 bankruptcy case of Trupp, Douglas; In re, the bankruptcy court partially sustained an objection to the confirmation of a debtor's Chapter 13 bankruptcy plan. The details of the bankruptcy case: In the debtor's Chapter 13 case, the Arizona Department of Economic Security filed a priority claim in the amount of $106,607 [...]

By |2018-11-16T22:42:00-06:00May 17th, 2010|Bankruptcy, Chapter 13 Bankruptcy, Economy, Lawsuits, Tax - Debt Garnishments|Comments Off on States Can File Objection To Bankruptcy Plan On Behalf Of Domestic Support Claimant

Court Rules Punitive Damages and Damages Awarded For Fraud Not Dischargeable In Bankruptcy

In the bankruptcy case of George, Brian K. and Olga; In re (Hogan v. George), the bankruptcy court ruled that damages awarded for fraud and punitive damages were excepted from bankruptcy discharge while damages awarded for negligent misrepresentation and breach of contract were not excepted from bankruptcy discharge. The details of the bankruptcy case: The plaintiffs [...]

By |2018-11-16T19:50:02-06:00May 10th, 2010|Bankruptcy, Lawsuits|Comments Off on Court Rules Punitive Damages and Damages Awarded For Fraud Not Dischargeable In Bankruptcy

Debtors May Not Unfairly Favor Student Loan Creditors During Bankruptcy

In the Chapter 13 bankruptcy case of Parrott, Gregory S. and Karen S.; In re, the bankruptcy court refused to confirm the debtors' repayment plan saying that the debtors unfairly treated the student loans as long-term debt to the detriment of unsecured creditors. The details of the bankruptcy case: The Chapter 13 debtors' plan proposed [...]

By |2018-11-12T22:55:38-06:00May 10th, 2010|Bankruptcy, Chapter 13 Bankruptcy, Credit and Bankruptcy, Debt and Tax Relief, Lawsuits, Student Loans|Comments Off on Debtors May Not Unfairly Favor Student Loan Creditors During Bankruptcy

The 6th Circuit Court Rules In Favor Of Debt Collector

In the bankruptcy case of Wingerter, Gerald and Janet G.; In re (B-Line LLC v. Wingerter), the 6th Circuit Court ruled that Rule 9011 does not impose a continuing obligation on a creditor to obtain more information or revaluate its position as the case develops and that the bankruptcy court erred when it sanctioned the [...]

By |2018-11-14T17:31:17-06:00May 9th, 2010|Bankruptcy, Chapter 13 Bankruptcy, Debt Collectors, Lawsuits|Comments Off on The 6th Circuit Court Rules In Favor Of Debt Collector

Chapter 13 Bankruptcy And Student Loan Discharge

In the Chapter 13 bankruptcy case of Cassim, Jennifer D.; In re (Cassim v. Edu­cational Credit Management Corp.), the 6th U.S. Circuit Court of Appeals ruled that a Chapter 13 bankruptcy debtor did not need to wait until the end of the case to ask the bankruptcy court to determine whether their student loans would [...]

By |2018-11-14T19:19:08-06:00May 9th, 2010|Bankruptcy, Chapter 13 Bankruptcy, Lawsuits, Student Loans|Comments Off on Chapter 13 Bankruptcy And Student Loan Discharge

Tribune’s Creditors Complain Bankruptcy Court Gives Them Little Time To Object

After the Tribune Company filed its fifth request for an extension to file a bankruptcy reorganization plan without interference, some of the company's biggest creditors complained that it was unfair to be given only three business days to object to the company's extension request. Citing "serious concerns" about the extension, the lenders said Tribune was [...]

By |2018-11-13T23:50:53-06:00May 8th, 2010|Bankruptcy, Chapter 11 Bankruptcy, Economy, Lawsuits|Comments Off on Tribune’s Creditors Complain Bankruptcy Court Gives Them Little Time To Object

Creditor Must Provide Solid Evidence When Accusing Debtors Of Malicious Acts

In the bankruptcy case of Powell, James D. and Betty J., In re (Ameri­can Bank of Commerce v. Powell), the bankruptcy court ruled against the creditor who accused the debtor of willfully and maliciously causing injury. The details of the bankruptcy case: The elderly debtor kept "pasture cattle" on 20 leases that included properties with [...]

By |2018-11-08T17:31:51-06:00May 4th, 2010|Bankruptcy, Bankruptcy Fraud, Chapter 7 Bankruptcy, Credit and Bankruptcy, Lawsuits|Comments Off on Creditor Must Provide Solid Evidence When Accusing Debtors Of Malicious Acts

Court Finds That Bank of America Willfully Violated Debtors’ Bankruptcy Discharge

In the Chapter 7 bankruptcy case of McClure, Danny J. and Kimberly D.; In re (McClure v. Bank of America, et al.), the bankruptcy court found that the creditor Bank of America (BoA) and the collection agency willfully violated the discharge injunction and awarded the debtors $2,500 in compensatory damages and $79,839 in attorney's fees. [...]

By |2018-11-14T21:41:43-06:00May 2nd, 2010|Bankruptcy, Chapter 7 Bankruptcy, Debt Collectors, Lawsuits|Comments Off on Court Finds That Bank of America Willfully Violated Debtors’ Bankruptcy Discharge

Yale University Must Return Millions To Bankruptcy Court

Yale University is being sued by the court-appointed official in charge of winding down the bankruptcy case of BearingPoint Inc.  The lawsuit seeks to recover $6 million the consulting firm paid to Yale University to endow a chair in management and name facilities at the university. The donations were part of a $30 million, seven-year [...]

By |2018-11-14T22:40:21-06:00April 29th, 2010|Bankruptcy, Chapter 11 Bankruptcy, Lawsuits|Comments Off on Yale University Must Return Millions To Bankruptcy Court

Auto Tycoon Faces Bankruptcy Fraud Charges And Fails To Pay Attorneys

Former auto tycoon Denny Hecker is facing a slew of criminal charges and the possibility of losing his defense attorneys.  Hecker has been charged with 10 counts of bankruptcy fraud, eight counts of wire fraud and one count of money laundering. The bankruptcy fraud charges accuse Hecker of failing to disclose numerous assets on his [...]

By |2018-11-08T18:34:31-06:00April 26th, 2010|Bankruptcy Fraud, Chapter 11 Bankruptcy, Lawsuits|Comments Off on Auto Tycoon Faces Bankruptcy Fraud Charges And Fails To Pay Attorneys
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