I Was Just Following Orders

Tom Waldron, former bankruptcy judge and initial Advisor to the NACTT Academy.

Both on the world stage and in local courtrooms, the words “I was just following orders” have a hollow ring and fail to provide an acceptable defense for unacceptable actions or, quite frequently, failures to act.

An example of this ineffective defense is found in Judge Bruce Markell’s decision, In re Martinez, 2008 WL 3155034 (Bankr. D. Nev).

A detailed factual recitation is not necessary for this article. The undisputed facts established that the chapter 13 debtors intended to keep house A and surrender house . . .

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Critical Case Comment – But It’s a GOLF CART!

Henry E. Hildebrand, III

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A golf cart is a motor vehicle and may be exempted by a Chapter 7 debtor under state law. (Loyd) In re Smith, 2022 WL 3023209 (Bankr. W.D. Okla. July 28, 2022) Case Summary Bobby Smith filed a Chapter 7 petition and listed his golf cart as an exempt asset under Oklahoma law because it was a “motor vehicle.” The...

Members

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Even when the contentions against a debtor spouse sound in fraud, breach of fiduciary duty, or intentional tort, the claims of the debtor’s spouse survive a Chapter 7 discharge.

Members