Here’s the latest news and events from DailyDAC, LLC. Don’t forget to check out the newest listings on the Opportunistic Deal Database and the Mature Deal Database!
Click here to read the full newsletter.

(posted 3 days 3 hours ago)

It seems that just about every month or so a lender or a towing company is withholding the debtor’s vehicle despite the fact that a chapter 13 bankruptcy case had been filed. Most lenders are now up to speed on the Thompson case which governs cases in the state of Illinois with regard to repossessed+ Read More
The post Towing Company Cannot Withhold Debtor’s Auto In Chapter 13 Bankruptcy appeared first on David M. Siegel.

(posted 3 days 6 hours ago)

A reaffirmation agreement is an agreement by a debtor and a creditor about how to treat a particular debt that would otherwise be discharged in the debtor’s bankruptcy. Usually, the debt is secured by collateral that the creditor could repossess or foreclose on. In the reaffirmation agreement, the debtor agrees to pay some or all of debt, usually, according to schedule. In exchange, the creditor agrees not to repossess or foreclose on collateral that secures the debt, as long as the debtor makes the agreed-upon payments. A valid reaffirmation agreement puts the debtor under a legal obligation to pay back the entire amount agreed upon, even if this is more than the value of the collateral that the debtor is keeping. So if the debtor defaults in the payments required under the reaffirmation agreement, the creditor can repossess or foreclose, and then seek a personal judgment against the debtor if the sale of the collateral does not satisfy the debt.

(posted 3 days 6 hours ago)

Undo Button.jpg
I recently met a client who first learned that she had been sued when she received a post card in the mail from the court indicating that a default judgment had been entered against her.  Frequently I meet clients who first learn of a judgment when their paychecks or bank accounts become garnished.  “How can they garnish me when I never had a chance to go to court!” is the common complaint.
Over 90% of all collection lawsuits result in a default judgment.  Most folks just figure they owe the debt and chose not to contest the lawsuit, even if the amounts are wrong.  However, a big reason for default judgments is that the defendant moved and the lawsuit summons was served at an old address.  So, when the Sheriff cannot serve the lawsuit because the has defendant moved the Sheriff will typically file a report with the court that says “attempted to deliver, defendant not found at this address, unable to deliver summons.”  The Sheriff typically does not report that the defendant has moved to another address, he just reports that the defendant could not be served.
The Problem of Alternate Service: 

(posted 3 days 7 hours ago)

Texas entrepreneur Samuel Wyly has filed for bankruptcy on Sunday, stating he does not own the assets to pay roughly $400 million in penalties for an overseas fraud scheme.
According to the Chapter 11 petition, Wyly stated he had assets and debt between $100 million and $500 million. He attributed his debt to the “massive costs of investigations and then litigation” by the Securities and Exchange Commission.
“While the debtor has substantial assets, he does not have the ability to pay the full amount of all asserted claims at the present time,” according to the filing.
A New York judge ruled last month that Wyly, 80, and the estate of his late brother, Charles, must forfeit up $187.7 million plus interest. In May, a civil jury found they were involved in a 13-year fraud scheme in which they used offshore trusts and subsidiaries to conceal stock sales.
It is believed the Wylys accrued upwards of $550 million in untaxed earnings through their system, which lasted over a decade.
The SEC is listed as Wyly’s second greatest creditor, with a claim of $198.1 million, according to court documents. Wyly listed the Internal Revenue Service as his biggest creditor, with disputed debts “unknown.”
Depending on how interest is calculated, the total payment owed by Wyly and his late brother’s estate will fall between $300 million and $400 million.

Total Bankruptcy
(posted 3 days 8 hours ago)

Bankruptcy and divorce are closely intertwined, and filing for Chapter 7 or Chapter 13 can have a significant impact on matters like child custody and domestic support.  If you file for bankruptcy, can the courts take away your custody rights?  Will you still have to pay off your child support debts?  Our Pennsylvania bankruptcy lawyers explore some of the potential legal outcomes.

Parent Holds The Hand Of A Small Child
If I File for Bankruptcy, Do I Still Have to Pay Child Support?
In bankruptcy, debts are divided into two basic categories: dischargeable debt, which can be eliminated, and nondischargeable debt, which the debtor is stuck with.  Whether you file for Chapter 13 or Chapter 7, most obligations fall into the dischargeable category, including major sources of debt like credit card bills and medical bills.  However, there are still a few debts which retain nondischargeable status — and child support is one of them.

Young, Klein & Associates
(posted 3 days 9 hours ago)

The Community Reinvestment Act is often used as a tool to address a broad range of social problems. But the lawÂ's expanded purpose may distract banks from their primary mission of direct lending to low- and moderate-income communities.

BankThink
(posted 3 days 11 hours ago)

Although the bankruptcy world has long been acquainted with Ponzi schemes, the courts have not clearly answered the question of how to distribute investors’ funds after a scheme fails – especially in the scenario where certain investors profit. The United States Bankruptcy Court for the District of Utah recently weighed in on the issue in Gillman v. Russell (In re Twin Peaks Financial Services, Inc.), in which it considered whether returns to investors in a Ponzi scheme are recoverable as fraudulent transfers.
The Defendant’s Investment
The debtor in Twin Peaks operated a real estate investment firm.  Apparently, however, the investment returns were not what they seemed, and the fund turned out to be a Ponzi scheme. After the scheme failed and the debtor filed for bankruptcy, the chapter 7 trustee commenced an adversary proceeding against the defendant, an investor in the scheme who had received over $440,000 from the debtor in excess of his original investment. The trustee argued, among other things, that the defendant’s proceeds were fraudulent transfers under section 548 of the Bankruptcy Code and moved for summary judgment.

(posted 3 days 12 hours ago)

rules 2
Bankruptcy law requires that bankruptcy attorneys share with you the following rules. They are given as information and not as an attempt to scare you from filing bankruptcy. Bankruptcy is a right provided to you under federal law. These rules are only given to prevent people from intentionally abusing this process by cheating and being dishonest. Informing a consumer of these rules is required by law under the Bankruptcy Reform Act enacted by Congress in 2005 under intense lobbying by the credit industry and should not intimidate you from filing bankruptcy. Our office has assisted people with filing bankruptcy for over 25 years. During that period of time, we have noticed that almost all of our clients are honest and hardworking people who, due to circumstances beyond their control, cannot repay their debts.
If you don’t follow these rules, you could be subject to criminal sanctions. If you do not follow these rules your case could be dismissed and you may not be able to re-file your case.
Rule #1 – The information you give to an attorney, a staff member of the law firm, the bankruptcy trustee, or the bankruptcy court that is provided with your petition and during the case must be complete, accurate, and truthful.

(posted 3 days 12 hours ago)

According to Proxy Voting Analytics by The Conference Board, hedge funds submitted 39 shareholder proposals, an increase from 24 last year, and accounted for slightly more than 5% of the total. The main recipients of proposals were health technology companies and those in the financial sector. Most topics related to business strategies, such as requests to break up a company, divest it of noncore assets, engage advisers to evaluate a business combination, issue dividends or return capital to shareholders.  

(posted 3 days 12 hours ago)