Foreclosures

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October 25, 2020
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Part V – Consumer Foreclosure Procedures (Continued) Introduction In the world of consumer bankruptcy, trustees and debtors' counsel often are uncomfortable with the rules in Article 9 of the Uniform Commercial Code (UCC). In this space, we have looked at several places where Article 9 meets the Bankruptcy Code. In...
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June 2, 2019
By Henry E. Hildebrand, III and Sloan Hastings Section 523(a)(1) excepts from discharge taxes that are priority claims under § 507(a)(8). One of § 507(a)(8)’s provisions makes debts not dischargeable for income taxes requiring the filing of a tax return due during the three years prior to filing bankruptcy. It is this “recent years taxes nondischargeable” moniker that leads many...
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May 12, 2019
Small business owners should keep good records. This applies to all businesses, whether they have a couple dozen employees or just a few. Whether they install software or make soft-serve. Whether they cut hair or cut lawns. Keeping good records is an important part of running a successful business. Here are some questions and answers to help business owners understand...
June 21, 2020
By The Honorable William Houston Brown (Retired) Portion of divorce award was priority domestic support claim and portion dischargeable unsecured claim. Applying Third Circuit’s factors from In re Gianakas, 917 F.2d 759 (3d Cir. 1990), and considering special master’s intent in divorce proceedings, one-third of former spouse’s claim was priority domestic support but two- thirds was reclassified as general unsecured...
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March 13, 2022
The debtors will miss him. The creditors will miss him. Even more, his colleagues will miss him. Michael Joseph has served as the Chapter 13 Trustee in Delaware since 1987. He is retiring March 31, 2022. He has served with competence and excellence. The debtors will miss him because he treated them with dignity and compassion. The creditors knew they...
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markmccarty
June 11, 2023
The U.S. Department of Labor (DOL) has released an updated Fair Labor Standards Act (FLSA) Minimum Wage Poster that covers employers’ new lactation accommodation obligations under the recently passed Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act.   The PUMP Act went into effect on December 29, 2022 and requires employers to provide nursing employees with reasonable accommodations, such as...
March 14, 2021
By The Honorable William Houston Brown (Retired) Section 524(i) applies only to long-term debts not discharged through plan. Whether § 524(i) applied to short-term secured debts that are paid in full and discharged through a Chapter 13 plan was a matter of first impression, with the Court finding no other court had yet decided precise question. Factors used in Supreme...
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May 23, 2021
By The Honorable John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio (Toledo) Reaffirmation hearings during the pandemic have been difficult, at least for me. The economic risks for debtors are greater. There are uncertainties about the availability of credit, and the availability of suitable vehicles. Prices of used cars have gone up – with stimulus money pushing...
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June 27, 2021
By M. Jonathan Hayes, Resnik Hayes Moradi LLP (Los Angeles, CA) (Reprinted with permission. Originally published by the Los Angeles Daily Journal on May 20, 2021) We have been getting a lot of calls recently as you might expect from distressed small businesses. The “free” government money is starting to run out and panic is setting in. The potential client...
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Copy of Hildebrand-2016
January 8, 2023
Post-petition repossession of debtor’s automobile, deliberate indifference to debtor’s request for return and ignoring hearings before the Court merit not only award of damages for violation of the stay but substantial punitive damages. (Bonapfel) In re Hamby, 2022 WL 17428947 (Bankr. N.D. Ga. November 29, 2022) Case Summary Cole Hamby purchased a 2012 GMC Sierra from Everybody Rides Auto Sales....
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