Recent News
We stay abreast of current legal developments. The law is always evolving.
Warning: These Posts Does Not Constitute Legal Advice; Please Consult An Attorney
BANKRUPTCY LAW Preferential Transfer: Can the Transfer Be Unwound?
BANKRUPTCY LAW (Preferential Transfer): A preferential transfer is a payment made within 90 days before the filing of bankruptcy, which is not made in the ordinary course of business. WHEN the trustee or Court finds that the debtor has made such a transfer, the...
BANKRUPTCY LAW (Discharge): Relief From Pre-Petition Debts
BANKRUPTCY LAW (Discharge): A Chapter 7 Petition, and accompanying discharge, provide relief from pre-petition debts. The 9th Circuit Court of Appeal has stated: A Chapter 7 bankruptcy discharge releases the debtor from personal liability for her pre-bankruptcy...
BANKRUPTCY LAW: Relief From Pre-Petition Debts
BANKRUPTCY LAW (Discharge): A Chapter 7 Petition, and accompanying discharge, provide relief from pre-petition debts. The 9th Circuit Court of Appeal has stated: A Chapter 7 bankruptcy discharge releases the debtor from personal liability for her pre-bankruptcy debts....
BANKRUPTCY LAW (Attorney’s Fees)
BANKRUPTCY LAW (Attorney's Fees): Where Trustee brought, and lost, a claim for fraudulent transfer against the debtor, the debtor could be reimbursed its attorney's fees under state (Alaska) law. The Trustee would have to pay the fees out of the bankruptcy estate. The...
BANKRUPTCY LAW (Fraudulent Transfer)
BANKRUPTCY LAW (Fraudulent Transfer): In the Delaware Bankruptcy Court, the court limited the US Trustee's attempt to recover a pre-petition transfer. The Chapter 7 trustee tried to recover the full amount of the property as a fraudulent transfer, but the court...
Student Loans May Be Discharged In Full
BANKRUPTCY LAW (Student Loans): A former medical student was entitled to $440,000 in debt relief, because he was able to meet the following standards pursuant to Brunner v. New York State Higher Educ. Services Corp., 831 F.2d 395, 396 (2nd Cir. 1987). “Under [11...
The “Minority Rule,” Holds That “Residence” Includes A Non-Primary Residence
BANKRUPTCY LAW (Homestead Exemption): In a recent case, the federal Second District Court of Appeal (NY, NJ, Connecticut) held that any “residence” in which the debtor has an interest is eligible for application of the homestead exemption. The court adopted the...
A Former Medical Student Was Entitled To $440,000 In Debt Relief
BANKRUPTCY LAW (Student Loans): A former medical student was entitled to $440,000 in debt relief, because he was able to meet the following standards pursuant to Brunner v. New York State Higher Educ. Services Corp., 831 F.2d 395, 396 (2nd Cir. 1987). “Under [11...
Trust in Comments: Court Holds Loan to Trust to be “Consumer Loan,” Protected by Fair Lending Laws
When representing clients, attorneys rely on the words of the law (a "statute") and ask the court to implement the plain, obvious meaning of its words. When it comes to federal statutes, however, it is easy to overlook the "comments" by the lawyers for the...
