The recent case of Javier Milian vs. Wells Fargo & Company, et al,, Case 13-CV-22201-KMM (February 18, 2014) illustrates the importance of a person completing his bankruptcy schedules fully and accurately - including as to unfixed and contingent claim. In this case, the doctrine of "judicial estoppel" was applied to bar the debtor from pursuing a claim against his mortgage lender as he failed to list the claim in his bankruptcy schedules.  In this case, the Bankruptcy Court's decision to abstain and also apply the doctrine of judicial estoppel was upheld.

Debtor's Question of Ownership of the Mortgage Note 

The debtor/homeowner asserted a defense to Wells Fargo's mortgage foreclosure complaint that it lacked standing as it was not the "holder" of the mortgage note. The day before the foreclosure sale, the debtor pro se filed for chapter 7 bankruptcy and stayed the foreclosure sale.  As part of the bankruptcy case, the debtor filed an adversary proceeding and questioned the ownership of the mortgage note by Well Fargo.

(posted 5 days 1 hour ago)

The discharge in bankruptcy of divorce attorney fees is often in question.  Ex-spouses often consider the discharge in bankruptcy of the attorneys' fees of their ex-spouse that they were required to pay by the divorce judgment.

Miami Bankruptcy Law Blog
(posted 5 days 18 hours ago)

The discharge in bankruptcy of divorce attorney fees is often in question.  Ex-spouses often consider the discharge in bankruptcy of the attorneys' fees of their ex-spouse that they were required to pay by the divorce judgment.

(posted 5 days 18 hours ago)

All debt is generally discharged in a chapter 7 bankruptcy case with certain important exceptions. A recent case decided during January, 2014 by the Bankruptcy Court in Miami involved the dischargeability of a dental malpractice claim.

(posted 5 days 22 hours ago)

All debt is generally discharged in a chapter 7 bankruptcy case with certain important exceptions. A recent case decided during January, 2014 by the Bankruptcy Court in Miami involved the dischargeability of a dental malpractice claim.

Miami Bankruptcy Law Blog
(posted 5 days 22 hours ago)

Bankruptcy court decisions are normally appealed to the location's federal district court.  Certain standards are used by a district court in making its decision upon appeal.

When a district court reviews the bankruptcy court's decision, the bankruptcy court's factual findings are accepted unless they are "clearly erroneous" with due regard being given to the bankruptcy court's opportunity to judge the credibility of the witness. In re Englander, 95 F.3d 1028, 1030 (11th Cir. 1996).

Miami Bankruptcy Law Blog
(posted 6 days 32 min ago)

Bankruptcy court decisions are normally appealed to the location's federal district court.  Certain standards are used by a district court in making its decision upon appeal.

When a district court reviews the bankruptcy court's decision, the bankruptcy court's factual findings are accepted unless they are "clearly erroneous" with due regard being given to the bankruptcy court's opportunity to judge the credibility of the witness. In re Englander, 95 F.3d 1028, 1030 (11th Cir. 1996).

(posted 6 days 32 min ago)

There are income qualifications for filing Chapter 7 bankruptcy.  If you are over the median for your state then you are subject to a means test.  If it is determined that you have the ability to pay back at least 25% over the next three to five years, then you will not qualify for Chapter+ Read MoreThe post Your Monthly Income Is A Factor In Qualifying For A Chapter 7 Bankruptcy appeared first on David M. Siegel.

(posted 6 days 17 hours ago)

  Coldwater Creek files for Chapter 11 Bankruptcy Protection | April 11, 2014 Coldwater Creek and 7 affiliates filed for protection under Chapter 11 of the United States Bankruptcy Code on April 11, 2014 In the United States Bankruptcy Court for the District of Delaware under Case No. 14-10867-BLS-11. The Debtors in the proceedings (including the last four digits of ...
The post Coldwater Creek Chapter 11 Bankruptcy Filing | April 11, 2014 appeared first on Culhane Meadows PLLC - Dallas Chapter 11 Business Bankruptcy.

Richard G. Grant, P.C.
(posted 6 days 17 hours ago)

Thanks to all the organizers, presenters and attendees at the 4th Annual Stites Creditors’ Rights Day at the Races.  Turnout at Keeneland yesterday was exceptional — around 50 financial institution officers, lawyers and other personnel.
I’m a little poorer thanks to my preternatural inability to handicap horses, but we are all smarter thanks to the presenters.  Special thanks to these folks who really worked hard to make this a top-notch event:

Creditors' Sidebar
(posted 6 days 18 hours ago)