Bankruptcy Case Commentaries

Bifurcation of Undersecured Home Mortgages Permitted Under §1322(c)(2) in Chapter 13 Bankruptcy

Date: May 13, 1998

Bifurcation of Undersecured Home Mortgages Permitted Under §1322(c)(2) in Chapter 13 Bankruptcy Introduction The case In re Timothy R. EUBANKS and Tonya J. Eubanks, Debtors involves a bankruptcy...

Dischargeability of Separation Agreement Debts under Bankruptcy Code §§523(a)(5) and 523(a)(15): Insights from In re Michael A. Gibson

Date: Apr 4, 1998

Dischargeability of Separation Agreement Debts under Bankruptcy Code §§523(a)(5) and 523(a)(15): Insights from In re Michael A. Gibson Introduction In re Michael A. Gibson, Debtor. Pattianne Gibson,...

Finality and Appellate Jurisdiction in Bankruptcy Proceedings: Insights from In re Bank of New England Corp. Fleet Data Processing Corp.

Date: Mar 11, 1998

Finality and Appellate Jurisdiction in Bankruptcy Proceedings: Insights from In re Bank of New England Corp. Fleet Data Processing Corp. Introduction The case In re Bank of New England Corporation....

Clarifying Core and Non-Core Proceedings: Insights from In re BEST RECEPTION SYSTEMS, Inc. Bankruptcy Court Ruling

Date: Mar 6, 1998

Clarifying Core and Non-Core Proceedings: Insights from In re BEST RECEPTION SYSTEMS, Inc. Bankruptcy Court Ruling Introduction The case of In re BEST RECEPTION SYSTEMS, Inc. serves as a pivotal...

Willful Violation of Automatic Stay and Constructive Notice: Insights from In re Haywood M. Clayton

Date: Feb 26, 1998

Willful Violation of Automatic Stay and Constructive Notice: Insights from In re Haywood M. Clayton Introduction The case of In re Haywood M. Clayton, Debtor (235 B.R. 801) adjudicated by the United...

Post-Confirmation Chapter 13 Plan Modification and Creditor Rights: Analysis of In re Russell C. Forbes

Date: Dec 10, 1997

Post-Confirmation Chapter 13 Plan Modification and Creditor Rights: Analysis of In re Russell C. Forbes Introduction The case of In re Russell Charles Forbes, Debtor; Grace M. Forbes, Appellant v....

Defalcation Under Section 523(a)(4): Expanded to Include Negligence in the Tenth Circuit

Date: Dec 4, 1997

Defalcation Under Section 523(a)(4): Expanded to Include Negligence in the Tenth Circuit Introduction The case of In re Allen Jerry Storie, decided by the United States Bankruptcy Appellate Panel for...

Clarifying the Lodestar Method for Fee Calculation under 11 U.S.C. §330: Insights from In re Edward James Kula

Date: Nov 1, 1997

Clarifying the Lodestar Method for Fee Calculation under 11 U.S.C. §330: Insights from In re Edward James Kula Introduction The case of In re Edward James Kula, Debtor. Eugene Chamberlain,...

Affirmation of Nondischargeability of Support Obligations in Bankruptcy: In re Howard John TATGE

Date: Oct 9, 1997

Affirmation of Nondischargeability of Support Obligations in Bankruptcy: In re Howard John TATGE Introduction In re Howard John TATGE is a pivotal case addressing the dischargeability of debts...

Collateral Estoppel and Nondischargeability under § 523(a)(2)(A): Insights from In re Douglass Younie

Date: Jul 19, 1997

Collateral Estoppel and Nondischargeability under § 523(a)(2)(A): Insights from In re Douglass Younie Introduction The case of In re Douglass Younie, dba Air Sculptures and Kathleen...

Reinterpreting Section 1322(b)(2): Strip Off of Totally Unsecured Liens on Principal Residence

Date: Jul 4, 1997

Reinterpreting Section 1322(b)(2): Strip Off of Totally Unsecured Liens on Principal Residence Introduction In re Tam Ly LAM and Mai Thi Lam, Debtors is a pivotal case in bankruptcy law decided by...

Mandatory Abstention in Bankruptcy Courts: Insights from In re MIDGARD CORPORATION

Date: Feb 5, 1997

Mandatory Abstention in Bankruptcy Courts: Insights from In re MIDGARD CORPORATION Introduction In the landmark case of In re MIDGARD CORPORATION, Debtor, the United States Bankruptcy Appellate Panel...

Establishing Fee Caps for Bankruptcy Attorneys: Analysis of United States Bankruptcy Court Decision in Geraci Cases

Date: Dec 28, 1996

Establishing Fee Caps for Bankruptcy Attorneys: Analysis of United States Bankruptcy Court Decision in Geraci Cases Introduction The United States Bankruptcy Court for the Central District of...

Establishing Standards for Attorney Fee Allowance and Conflict of Interest in Bankruptcy: Insights from In re Spanjer Brothers, Inc.

Date: Nov 15, 1996

Establishing Standards for Attorney Fee Allowance and Conflict of Interest in Bankruptcy: Insights from In re Spanjer Brothers, Inc. Introduction In In re Spanjer Brothers, Inc., Letterfab, Inc.,...

Establishing Trustee's Exclusive Rights in Bankruptcy Litigation: Insights from In re Granite Partners (194 B.R. 318)

Date: Apr 17, 1996

Establishing Trustee's Exclusive Rights in Bankruptcy Litigation: Insights from In re Granite Partners (194 B.R. 318) Introduction The case of In re Granite Partners, L.P., Granite Corporation, and...

Dischargeability of Debt in Construction Defect Cases: In re Bruce Barr and Paula Barr

Date: Apr 4, 1996

Dischargeability of Debt in Construction Defect Cases: In re Bruce Barr and Paula Barr Introduction The case of In re Bruce Barr and Paula Barr, Debtors explores the intricacies of debt...

Interpreting §523(a)(15) in Divorce-Related Bankruptcy Cases: Comprehensive Analysis of In re Dressler

Date: Mar 13, 1996

Interpreting §523(a)(15) in Divorce-Related Bankruptcy Cases: Comprehensive Analysis of In re Dressler Introduction The case of In re Michael B. Dressler serves as a pivotal judicial examination of...

Establishing the Boundaries of Bankruptcy Dischargeability for Marital Obligations under 11 U.S.C §523(a)(15): A Comprehensive Analysis of In re Victor B. Smither

Date: Feb 28, 1996

Establishing the Boundaries of Bankruptcy Dischargeability for Marital Obligations under 11 U.S.C §523(a)(15): A Comprehensive Analysis of In re Victor B. Smither Introduction The case of In re...

Establishing Fraudulent Intent in Bankruptcy Discharge Proceedings: Analysis of In re Robert Thomas Coombs

Date: Feb 24, 1996

Establishing Fraudulent Intent in Bankruptcy Discharge Proceedings: Analysis of In re Robert Thomas Coombs Introduction The case of Gary D. Garcia v. Robert Thomas Coombs (1996) adjudicated in the...

Necessity of Bankruptcy Court Approval to Sue Chapter 11 Trustees in State and Federal Courts

Date: Dec 22, 1995

Necessity of Bankruptcy Court Approval to Sue Chapter 11 Trustees in State and Federal Courts Introduction In re Mir Kazem KASHANI and Habibeh S. Kashani, Debtors is a pivotal case adjudicated by the...