Bankruptcy Case Commentaries

Establishing Personal Jurisdiction in Bankruptcy Fraud: SEC Investor Protection Corp. v. Madoff Investment Securities LLC

Date: Oct 4, 2018

Establishing Personal Jurisdiction in Bankruptcy Fraud: SEC Investor Protection Corp. v. Madoff Investment Securities LLC Introduction The case of Securities Investor Protection Corporation (SIPC) v....

Hold Harmless Obligations in Marital Dissolutions: A New Precedent on Bankruptcy Discharge

Date: Mar 12, 2014

Hold Harmless Obligations in Marital Dissolutions: A New Precedent on Bankruptcy Discharge Introduction The case of In re Wallace Eugene Francis, Tracy Danielle Francis, Debtors (505 B.R. 914)...

Upholding Bankruptcy Integrity: Sanctions Imposed for Misrepresentation under Rule 9011

Date: Sep 30, 2011

Upholding Bankruptcy Integrity: Sanctions Imposed for Misrepresentation under Rule 9011 Introduction The case of In re Lorenzo J. Brent, Debtor (458 B.R. 444) adjudicated by the United States...

Establishing Real Party in Interest Standing in Bankruptcy Proceedings: In re Howard Veal, Jr., and Shelli Ayesha Veal, Debtors

Date: Jun 11, 2011

Establishing Real Party in Interest Standing in Bankruptcy Proceedings: In re Howard Veal, Jr., and Shelli Ayesha Veal, Debtors Introduction The case of In re Howard Richard VEAL, Jr., and Shelli...

Bankruptcy Courts Affirmed 'Related To' Jurisdiction in ERISA Plan Adversary Proceedings

Date: Nov 14, 2009

Bankruptcy Courts Affirmed 'Related To' Jurisdiction in ERISA Plan Adversary Proceedings Introduction In the case of In re TRANS-INDUSTRIES, INC., et al., Debtors, 419 B.R. 21 (2009), the United...

Establishing Nondischargeable Claims Under the Arizona Trust Fund Doctrine: In re Steven Marc Weinberg and Dana Gretty Weinberg

Date: Aug 1, 2009

Establishing Nondischargeable Claims Under the Arizona Trust Fund Doctrine: In re Steven Marc Weinberg and Dana Gretty Weinberg Introduction The case In re Steven Marc Weinberg and Dana Gretty...

Strengthening Pleading Standards for Derivative Claims Under Bankruptcy Proceedings: In re Fedders North America

Date: May 22, 2009

Strengthening Pleading Standards for Derivative Claims Under Bankruptcy Proceedings: In re Fedders North America Introduction The case of In re Fedders North America, Inc., et al., Debtors v. Goldman...

Limits of § 363(f) in Stripping Junior Liens in Bankruptcy Sales

Date: May 31, 2008

Limits of § 363(f) in Stripping Junior Liens in Bankruptcy Sales Introduction The case In re PW, LLC, Debtor. Clear Channel Outdoor, Inc., Appellant, v. Nancy Knupfer, Chapter 11 Trustee; DB Burbank,...

Reckless Indifference as Indicative of Fraudulent Intent Under § 727(a)(4)(A): In re Eyad Khalil

Date: Nov 7, 2007

Reckless Indifference as Indicative of Fraudulent Intent Under § 727(a)(4)(A): In re Eyad Khalil Introduction The case In re Eyad Khalil, Debtor (379 B.R. 163) addresses critical issues surrounding...

Affirming Mortgage Interest Limitations under Ohio's Land Registration Act in Bankruptcy: In re Morgeson

Date: Jul 26, 2007

Affirming Mortgage Interest Limitations under Ohio's Land Registration Act in Bankruptcy: In re Morgeson Introduction The case of In re: David Morgeson, Tina Morgeson, Debtors, decided by the United...

Impact of In re William J. Beverly: Marital Settlement Agreements and Fraudulent Transfers in Bankruptcy

Date: Jul 25, 2007

Impact of In re William J. Beverly: Marital Settlement Agreements and Fraudulent Transfers in Bankruptcy Introduction The case of In re William J. Beverly, Debtor presents a pivotal examination of...

Affirmation of Debtor's Dischargeability: Absence of Personal Liability under §523(a)(4) and §523(a)(6)

Date: Jun 14, 2007

Affirmation of Debtor's Dischargeability: Absence of Personal Liability under §523(a)(4) and §523(a)(6) Introduction The appellate decision in In re: Robert R. Fox, Debtor, Cash America Financial...

Equitable Subordination and Fiduciary Duty Limitations in MarketXT Holdings Corp. Bankruptcy Proceeding

Date: Mar 3, 2007

Equitable Subordination and Fiduciary Duty Limitations in MarketXT Holdings Corp. Bankruptcy Proceeding Introduction The case of IN RE MARKETXT HOLDINGS CORP. delved deeply into complex bankruptcy...

Clarifying 'Projected Disposable Income' Calculation for Below-Median Income Chapter 13 Debtors

Date: Feb 21, 2007

Clarifying 'Projected Disposable Income' Calculation for Below-Median Income Chapter 13 Debtors Introduction In Karen Kibbe v. Lawrence P. Sumski, Chapter 13 Trustee (361 B.R. 302, United States...

Defining "Projected Disposable Income" and "Applicable Commitment Period" Under BAPCPA in IN RE DONALD Slusher

Date: Jan 18, 2007

Defining "Projected Disposable Income" and "Applicable Commitment Period" Under BAPCPA in IN RE DONALD Slusher Introduction The case of IN RE DONALD Slusher, 359 B.R. 290 (2007), adjudicated in the...

MESTEMAKER v. UNITED STATES TRUSTEE: Establishing the Totality of Financial Circumstances in Bankruptcy Abuse Dismissals

Date: Jan 11, 2007

MESTEMAKER v. UNITED STATES TRUSTEE: Establishing the Totality of Financial Circumstances in Bankruptcy Abuse Dismissals Introduction The case In re William Glenn Mestemaker and Shana Leann...

In re DIMAS, LLC: Establishing Standards for Reasonable Compensation in Bankruptcy Litigation Under 11 U.S.C. § 330

Date: Dec 30, 2006

In re DIMAS, LLC: Establishing Standards for Reasonable Compensation in Bankruptcy Litigation Under 11 U.S.C. § 330 Introduction The case of In re: DIMAS, LLC, Chapter 11, Debtor (Case No....

Treatment of Mandatory 401(k) Loan Repayments Under the Chapter 7 Means Test: In re Lenton

Date: Dec 16, 2006

Treatment of Mandatory 401(k) Loan Repayments Under the Chapter 7 Means Test: In re Lenton Introduction The case of In re Kenneth Lenton, Debtor, adjudicated by the United States Bankruptcy Court for...

Presumption of Abuse Under Bankruptcy Code § 707(b) in Chapter 7 Cases

Date: Dec 15, 2006

Presumption of Abuse Under Bankruptcy Code § 707(b) in Chapter 7 Cases Introduction The case In re Ricky L. Nockerts and Geri L. Nockerts, Chapter 7, Debtors (Case No. 06-24480-svk) adjudicated in...

Impact of Ownership Expense Deductions and Secured Debt Payment Deductions in Chapter 7 Bankruptcy: Insights from In Re Harris

Date: Oct 14, 2006

Impact of Ownership Expense Deductions and Secured Debt Payment Deductions in Chapter 7 Bankruptcy: Insights from In Re Harris Introduction The case of In Re: Robert Lewis Harris and Joanna Ray...