Sometimes, science seems to exist to prove the perfectly obvious. For example, this year science delivered the amazing new discovery that people spend more with credit cards than they do with cash. Well, stop the presses! Actually though, it’s important to keep in mind. As LiveScience reported this year, we have trouble thinking of more [...]
December 2008
Married couples can file a “joint” bankruptcy under any chapter of the law in which an individual can also file. But what if the marriage doesn’t work out? Do they have to stay in their case together? Virtually every court concludes they don’t. In such cases the court would allow the two parties to the [...]
It was bad enough that Credit Suisse projected 6.5 million foreclosures over the next five years, back in April. This month they upped the ante to over 8 million potential foreclosures — or about 16% of all mortgages in the United States. The frightening thing about such projections is that they are (so far) turning [...]
The 6th Circuit Court of Appeals has reversed bankruptcy Judge Rhodes ruling on getting a Chapter 13 discharge. There is no discharge for a Chapter 13 case filed within 4 years of a prior Chapter 7 case, per 11 USC 1328(f). The bankruptcy court had held the 4 years ran from the date of the [...]
Maybe. It all depends upon the nature of the debt, and whether the creditor/victim files an action in the bankruptcy court prior to the claims bar date. There are essentially two separate bankruptcy statutes that concern non-dischargeability of drunk driving debts.
In an effort to streamline the procedure necessary to file certain motions as ex parte motions in the Bankruptcy Court for the Eastern District of Louisiana, the Court recently entered Standing Order 2008-2. Standing Order 2008-2 amends Local Bankruptcy Rule 9013-1(D) which previously required the moving party to obtain the permission of all interested parties before filing [...]
