On Wednesday, January 19, 2011, US Bankruptcy Judge Albert E. Radcliffe collapsed in his chambers and died. He was 63 years old and had worked in bankruptcy, first as a lawyer then as a judge, since his graduation from the University of Oregon Law School in 1972. His death is a loss to all the lawyers [...]
Kent Anderson, Oregon Bankruptcy Attorney
Limited liability companies, called LLCs for short, have become a popular method of organizing business relationships. Nearly unknown until the early 1980s, all 50 states have now adopted statutes that permit this business format. While LLCs can file bankruptcy, it is much more common for members who own LLC interests to seek relief from creditors [...]
Underwater loans and a difficult real estate market have made short sale of homes a popular alternative to bankruptcy or foreclosure. However, bankruptcy may be a better option than short sale. Homeowners, trying to do the “right thing” are learning that no good deed goes unpunished. The short sale of homes often causes more problems [...]
Modification of home loans in bankruptcy was promised by candidate Obama before his election as President. Current bankruptcy law prohibits modification of a loan secured against the debtor’s principal residence. The idea was simple, if bankruptcy judges were allowed to adjust the balance due and payment terms of home loans in Chapter 13 cases, many [...]
Bankruptcy can discharge income tax if certain conditions are met. One required condition is that returns must have been filed. Some bankruptcy courts have recently taken the position that a return filed after the statutory deadline does not qualify as a return for the purpose of bankruptcy discharge. The bankruptcy court for the northern district [...]
A criminal restitution payment can be a bankruptcy preference says the 9th Circuit. If paid within 90 days of a bankruptcy filing, a criminal restitution payment can be recovered by the trustee for the bankruptcy estate. In State Compensation Insurance Fund v. Zamora a three judge panel of the 9th Circuit Court of Appeals ruled [...]
