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| April 21, 2019

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Debtor's Archives -

Debtors Can’t Void Underwater Mortgages In Bankruptcy, Supreme Court Rules

June 1, 2015 |

The Supreme Court refuses to overturn precedent and allow borrowers to eliminate underwater mortgages in bankruptcy.
Forbes Real Time

Denman Creates Confusion For Bankrupt Debtor’s Interest In LLC

December 20, 2014 |

There has long been a tension in the U.S. Bankruptcy Code between Section 541 (“Property of the estate”) and Section 365 (“Executory contracts and unexpired leases”). Section 541 essentially provides that nearly everything the Debtor owns becomes part of the Debtor’s Bankruptcy Estate upon the filing of the Bankruptcy Petition. […]
Forbes Real Time

Collection agency fined $1 million for unlawfully texting debtors

September 25, 2013 |

A Glendale collection agency has agreed to pay $ 1 million to resolve a lawsuit accusing it of sending unlawful text messages to debtors and inappropriately disclosing the debts to their family, friends and co-workers.


L.A. Times – Business

Tenth Circuit Affirms Fraudulent Transfer Judgment Against Debtor’s Wife And Her Cook Islands Trust

May 12, 2013 |

I previously wrote about this case when it at the Bankruptcy Court level in an article at entitled “Kendall: Distress Debtor’s Late Transfers Set Aside As Fraudulent Transfers In Bankruptcy”.  The case was then appealed to the 10th Circuit Bankruptcy Appellate Panel, which issued its own lengthy opinion that shed light on some important other issues as set forth below.
Forbes Real Time