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A ‘transfer’ does not include a bank account holder’s regular deposit into his own unrestricted checking account. A Chapter 7 debtor, running a Ponzi scheme, deposited funds from his victims into his checking account. The Ponzi scheme collapsed, an involuntary Chapter...
In the recent case of In re Miner, 2017 wL 1011419 (Bankr. W.D. La. 3/14/17), the court denied confirmation of the debtor’s Chapter 13 plan because the court believed the debtor was contributing too much to his retirement plan at the expense of his unsecured...
A recent article in the Washington Post, “The Trap of Payday Loans” highlights the very serious problems that consumers face with payday loans. Payday loans fill a very important need for people in a financial bind, which leads to exploitation–how do I pay the...
Once I am hired as an attorney for a debtor, I advise my client to let any creditors who call know that he or she has retained my firm as his or her counsel and that any questions regarding them must be made to my office. Once the bankruptcy case is filed, I advise my...
In the recent case of Failla v. Citibank, NA (In re Failla), 2016 WL 5750666 (11th Cir. 2016), the 11th Circuit held that debtors who indicated their intention to “surrender” their real property in their Chapter 7 case, could not later contest the foreclosure of the...
If a debtor did not avoid a judicial lien on a piece of real estate he owed when he filed a Chapter 7 case, he may avoid it a subsequent Chapter 13 case, In Re Fielder, 2016 WL 6879252 (Bankr. D. Or. 11/16/16) In Fielder, at the time the debtors filed a Chapter 7 case...
Debtors who file bankruptcy oftentimes complain about the fact that after they file their mortgage companies or car finance lenders stop sending monthly billing statements for fear of violating the automatic stay provisions of the Bankruptcy Code. Now, under a recent...
In the recent Maryland bankruptcy case of In re Buckley, 2016 WL 7480233 (Bankr. D. Md 12.29.16), the court denied the trustee’s objection to the debtor’s tenants by the entireties exemption which the trustee had filed after the death of the debtor’s husband. In the...
In the recent case of In re Egger, 2016 wL 6892747 (Bankr. W.D. Wash. 11/22/16), the court held that the debtors’ Chapter 13 Plan did not need to provide for interest to be paid to their unsecured creditors to satisfy Section 1325(b)(1)(A). In the Egger case, the...
Usually, a trustee seeks to avoid fraudulent conveyances that occur within the state’s statute of limitations, which in Maryland is three years. However, in the recent case of In re Kipnis, 555 B.R. 877 (Bankr. S.D. Fla. 2016), the bankruptcy court allowed a trustee...