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The world of bankruptcy seems arcane, but it's big field, it moves fast, and it's fascinating. In this show, I report on bankruptcy decisions around the country with a special emphasis on my home district of Central California. My goal is to bring you into the rapidly evolving, but very little know conversations, that are happening all throughout the world as people and businesses lookin for a fresh start in life. Attorney advertising. Michael Rice, licensed in California. For more, visit ht ...
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Fort Lauderdale. Debtor wants to strip off a lien on his homestead. But Florida's Constitutionally broad homestead exemption already accomplishes similar goals. What will Judge Russin do? Let's get into in with In re Pettengill in the Southern District of Florida. Also, please reach out to me! I’m actively looking for new bankruptcy clients, especi…
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Idaho. Debtors sell house while they're in bankruptcy, but fail to follow the Idaho exemption regime which required them to reinvest the money in a new homestead within a year. Trustee comes calling, a few appeals later, and we end up with McAllister v. Wells in the Ninth Circuit. Even the panel notes just how controversial this is. Let's get into …
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Long Island, New York. On the eve of a creditor's confirmation hearing, the Small Business Reorganization Act became effective. In this groundbreaking case, Judge Grossman grapples with complex first impression issues and comes up with a new test for modifying loans on properties that debtors live in (that's a big deal!). Please reach out to me! I’…
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Bradenton, Florida. A disgruntled landlord chased his former tenants into bankruptcy court attempting to keep his pre-petition eviction judgment alive. The tenants, now bankruptcy court debtors, not only beat the 523(a)(2)(B) complaint but won attorney's fees against the landlord. To read more and a link to the Judge Colton's opinion: https://micha…
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An individual Chapter 11 debtor moved to re-open his case, which was closed to avoid quarterly UST fees. He also moved for a discharge. Hearing set for the same day. Let's talk about why that's a problem. The problem is that he was trying obtain both results on the same day. UST objected and the court agreed that the case needs to be re-open long e…
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In today’s (first!) episode, I walk you through a recent case in which an Arizona bankruptcy court ruled that a creditor doesn’t violate the automatic stay when a creditor pursues a pre-petition criminal restitution lien. In re Nash, 19-bk-11174 (Judge Ballinger, October 21, 2021). In the episode I mentioned the Gruntz case in the Ninth Circuit whi…
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