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"Claw Back Extended 10 Years" - Is the IRS a Creditor?

          In a case of first impression, Bankruptcy Judge Robert A. Mark sitting in the Southern District of Florida extended the fraudulent transfer “claw back” to 10 years in a case where the IRS was one of the creditors. Citing 11 U.S… Read More
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Categories: Bankruptcy

Bank of America Fined $45 Million for Violating the Automatic Stay.

Oftentimes, creditors will violate the automatic stay imposed by 11 U.S.C. § 362 out of inadvertence. In these instances, creditors typically correct the problem immediately. A recent case from the Bankruptcy Court for the Eastern District of Califo… Read More
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Categories: Bankruptcy

The Saga Continues – What Happens When a Secured Creditor Fails to File a Proof of Claim in a Reorganization?

Recently, Judge Mary Ann Whipple, sitting in the United States Bankruptcy Court for the Northern District of Ohio, issued an opinion regarding the failure of a secured creditor to timely file a Proof of Claim in a Chapter 13. Judge Whipple, in In re… Read More
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Categories: Reorganization

Eastern District Bankruptcy Judge Rules Chapter 13 Payment Time Can be Reduced in Light of Attorney Error.

In a recent case for the United States Bankruptcy Court, in the Eastern District of Michigan sitting in Detroit, Judge Mark Randon, addressed the issue of what happens when a Debtor is put into a Chapter 13 Plan that turned out to be longer than that… Read More
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Categories: Reorganization

Bankruptcy Court Sanctions Mortgage Companies

            The Bankruptcy Court for the District of Vermont sanctioned PHH Mortgage Company $375,000.00 for overcharging three separate debtors (Gravel, Beaulieu and Kinsley) a total of $76.00. Pursuant to Bankruptcy Rule 3002.1, addition… Read More
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Categories: Bankruptcy

Hope for Unemployment Recipients.

            Several years ago, the State of Michigan began an automated process to catch fraudsters claiming unemployment. The automated system worked well from the State’s perspective and found tens-of-thousands of Michiganders who had… Read More
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Categories: Uncategorized

American Bankruptcy Institute Pushes for Less Expensive Chapter 11s

            A recent article in the December, 2016 American Bankruptcy Institute Journal argues for the creation of a subset of rules for smaller companies who need to file Chapter 11. One of the key proposals would be to remove creditor… Read More
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Categories: Bankruptcy

Lady Bird Deeds in Michigan

           A recent article in the June, 2016 edition of the Michigan Bar Journal has an excellent article by Kary C. Frank, Esq. regarding the history and the various uses of the so-called “Lady Bird Deed”.   The article describes t… Read More
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Categories: Uncategorized

Chapter 13 Creditors MUST File Claims on Time

       The Bankruptcy Appellate Panel for the 6th Circuit, recently overruled a bankruptcy court’s decision to allow claims filed only 8 days after the claims bar deadline. The case, In re Trench, (6th Cir. BAP 15-8026 May 11, 2016), upheld t… Read More
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Categories: Reorganization

Sixth Circuit BAP Rules in Favor of Lien Strip in "Chapter 20"

            In a case decided in July of 2014, the Bankruptcy Appellate Panel for the 6th Circuit Court of Appeals ruled in favor of a Debtor, who originally filed a Chapter 7 and, four months later, filed a Chapter 13 to effectuate a R… Read More
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Categories: Bankruptcy

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