Supreme Court Rules on Bankruptcy Case involving automatic stay
In Ritzen Group, Inc. v. Jackson Masonry, LLC, 589 U.S. ___ (2020), the United States Supreme Court unanimously ruled that where a creditor seeks “relief” from the “automatic stay” in…
Chapter 7 Bankruptcy Case Analysis
A recent case out of a Bankruptcy Court in Massachusetts highlights some important rights and restraints of a Chapter 7 Bankruptcy Trustee. In In re Deveau, (Bankr. E.D. Mass. 12/19/19), Case No. 15-13300, the Bankruptcy Judge, Hon. Frank J. Bailey, was faced with a complicated set of facts and a Chapter 7 Trustee who sought the Court's approval of a potential settlement of a claim. The Judge ultimately did not approve a settlement between the Trustee with an insurance carrier who had previously denied coverage to the debtor.
Court Holds IRS, Which Violated Automatic Stay, Must Pay Bankruptcy Debtors Damages For Emotional Distress
The United States Bankruptcy Code, when used in a timely and systematic way, is a powerful law that may allow both consumer and business debtors to wipe out some debts…
Chapter 7 Bankruptcy: List it or Lose It: Debtor Who Fails to Disclose Claim May Lose That Claim
One of the first things we advise all of our clients about filing bankruptcy is the requirement that a debtor disclose all required information. Whether filing a Chapter 7…
U.S. Supreme Court Holds Chapter 7 Bankruptcy Debtor Who Deceived Attorneys Can Discharge Fees Owed
“Honestly is the best policy”. While the origins of the phrase are arguably linked to Thomas Jefferson, Benjamin Franklin, and even as far back as William Shakespeare, recent history and…
Chapter 13 Bankruptcy Debtor Required to Dispute Legally Unenforceable Proof of Claim
Supreme Court Holds that Debt Collector Who Filed a Claim in the Bankruptcy Court Barred by the Statue of Limitations Did Not Violate the Fair Debt Collection Practices Act, 15…
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Chapter 7 Bankruptcy Case and New Jersey Wage Garnishments
Bankruptcy Court Holds Consumer Debtor’s Wages, Garnished Within 90 Day Period Prior to Filing Chapter 7 Bankruptcy, Are a Preference A recent decision, Tower Credit, Inc. v. Schott (In re…
Chapter 7 Bankruptcy Case Highlights Conflict of Public Policy in Bankruptcy Code
Former CEO Who Filed Chapter 7 Personal Bankruptcy Denied Discharge of Debt Owed to Employees by Insolvent Corporation The Bankruptcy Code provisions relating to a Chapter 7 Bankruptcy case seek…
Chapter 7 Bankruptcy: Failure to Discharge Judgment Liens Can Be Costly Error
A case decided by the Bankruptcy Appellate Panel of the Sixth Circuit, In re: McCoy, No. 15-8056 (6th Cir. 2016), illustrates why New Jersey attorneys representing debtors filing a Chapter…
