Blogs
Most commentators suggest that the days of lien stripping in chapter 7 bankruptcy cases is soon to end. Yesterday the U.S. Supreme Court granted Bank of America's writ of certiorari which will allow it to address the issue of lien stripping in chapter 7 cases.
The numerous recent appellate decisions out of the 11th Circuit have been suggesting that the issue would be considered by the 11th Circuit en banc or by the Supreme Court. The 11th Circuit Courts were forced by the "prior precedent rule" to apply its Foledore decision, which allowed lien stripping in chapter 7. Under the "prior precedent rule", the 11th Circuit held that the Supreme Court's landmark decision in Dewsnup was not explicit enough to overrule Folendore.
The Supreme Court's DocketDocketed: August 13, 2014 No. 14-163
Title: Bank of America, N.A., Petitioner v. Edelmiro Toledo-Cardona
Lower Court: United States Court of Appeals for the Eleventh Circuit, Case Nos. (13-15855)
Decision Date: May 5, 2014
~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~Aug 13 2014Petition for a writ of certiorari filed. (Response due September 12, 2014)Aug 25 2014Order extending time to file response to petition to and including October 14, 2014.Oct 6 2014Brief of respondent Edelmiro Toledo-Cardona in opposition filed.Oct 21 2014Reply of petitioner Bank of America, N.A. filed.Oct 22 2014DISTRIBUTED for Conference of November 7, 2014.Nov 10 2014DISTRIBUTED for Conference of November 14, 2014.Nov 17 2014Petition GRANTED The petition for a writ of certiorari in No. 13-1421 is granted. The cases are consolidated and a total of one hour is allotted for oral argument.Jordan E. Bublick - Miami Bankruptcy Lawyer - North Miami & Kendall Offices - (305) 891-4055 - www.bublicklaw.com
Bloomberg Law has an interesting post about InfoWars Case Spotlights Limits of Small Business Bankruptcy Law and Subchapter V small business chapter 11 filings. The article can be found at https://lnkd.in/gFH7fJE8Persons with questions about Subchapter V should contact
Jim Shenwick, Esq. 212 541 6224 [email protected]
A new announcement has just been submitted by the Clerk of the United States bankruptcy Court for the Northern District of Illinois. Going forward in the post-Covid future, the outlying collar county court calls will no longer be heard in those collar counties. The matters will be heard via Zoom for Government or a party+ Read More
The post Bankruptcy Matters For The Collar Counties To Be Heard In Chicago appeared first on David M. Siegel.
A new announcement has just been submitted by the Clerk of the United States bankruptcy Court for the Northern District of Illinois. Going forward in the post-Covid future, the outlying collar county court calls will no longer be heard in those collar counties. The matters will be heard via Zoom for Government or a party+ Click Here For Read More
The post Bankruptcy Matters For The Collar Counties To Be Heard In Chicago appeared first on David M. Siegel.
The recently passed Consumer Credit Fairness Act (“CCFA”) instituted some wide-sweeping, and much needed, reforms in the debt collection practice in New York State. First and foremost, the New York Statute of Limitations (“SOL”) for commencing a debt collection lawsuit was reduced from 6 years to 3 years, effective April 7, 2022. Other portions of Read More
The 9th Circuit Bankruptcy BAP has ruled in RS Air, LLC that a profit motive is not required for a debtor to qualify for Subchapter V relief. An article about this case can be found at https://www.jdsupra.com/legalnews/profit-motive-not-required-for-9954771...
Jim Shenwick, Esq. 212 541 6224 [email protected]
“Top Notch Representation, Personalized Service! ” T.M.
Diane Drain personally answers her incoming calls! Every individual has their own specific reasons for seeking bankruptcy protection. I enlisted Ms. Drain’s assistance and from that first consult I realized that this was not your typical “legal factory” churning out client cases. Following my discharge and reflecting back, her biggest strength and your most viable asset is her knowledge of the bankruptcy process. Her tenacious commitment to the prework stage (planning and preparation) is paramount to your case’s success. I’ve found her to be compassionate, yet an Arizona “straight shooter” when it came to directing my case.
Thank you, Diane and Jay for the seamless process you provided me! T.M.
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The post Top Notch Representation, Personalized Service appeared first on Diane L. Drain - Phoenix Arizona Bankruptcy Attorney.
A very information article about Subchapter V Bankruptcy for small businesses can be found at https://blogs.lawyers.com/attorney/bankruptcy/can-you-benefit-from-small...
The article is titled Can You Benefit From Small Business Bankruptcy Under Subchapter V? by Adrienne Woods
Any attorneys or clients that have questions about Subchapter V can contact Jim Shenwick, Esq at 212 541 6224 [email protected]
Bankruptcy and Depression: No, I’m Not a Doctor This post is about bankruptcy and depression. No, I’m not a doctor. (Actually my law school degree says I’m a JD– a juris doctor). But I see depressed people a lot. And because I see it a lot, I’ve read up on it. The VA says that […]
The post Bankruptcy and Depression by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed.
Bankruptcy and Depression: No, I’m Not a Doctor This post is about bankruptcy and depression. No, I’m not a doctor. (Actually my law school degree says I’m a JD– a juris doctor). But I see depressed people a lot. And because I see it a lot, I’ve read up on it. The VA says that […]
The post Bankruptcy and Depression by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed.
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