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Chapter 7

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Dear Preference Target – 11th Cir. Says New Value Need Not Remain Unpaid

By Heather Ries  on August 31, 2018

In an excellent decision for preference targets, the Eleventh Circuit recently held in the case of Kaye v. Blue Bell Creameries, Inc. (In re BFW Liquidation, LLC) that the new…
Continue Reading Dear Preference Target – 11th Cir. Says New Value Need Not Remain Unpaid

Posted in Bankruptcy, Chapter 11, Chapter 7, Creditors' Rights

Bankruptcy Trustees are Entitled to Jury Trials Too?!

By Heather Ries  on October 31, 2017

Americans generally cherish their right to a jury trial under the Sixth and Seventh Amendments to the United States Constitution and the media certainly perpetuate the idea that jury…

Continue Reading Bankruptcy Trustees are Entitled to Jury Trials Too?!

Posted in Bankruptcy, Chapter 7, Creditors' Rights

Dear Bankruptcy Asset Purchaser, Got Good Faith?

By Heather Ries  on June 23, 2017

Section 363 of Title 11 of the United States Code (“Bankruptcy Code”) authorizes trustees (and Chapter 11 debtors-in-possession) to use, sell, or lease property of a debtor’s bankruptcy estate outside…
Continue Reading Dear Bankruptcy Asset Purchaser, Got Good Faith?

Posted in Bankruptcy, Chapter 11, Chapter 7

Dear Bankruptcy Defendant, U.S. Mail Service is Valid

By Heather Ries  on May 30, 2017

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“You have been served” – the famous phrase uttered by process servers everywhere, may never be heard by a bankruptcy defendant.

Why?

Well, Bankruptcy Rule 7004 bestows the…
Continue Reading Dear Bankruptcy Defendant, U.S. Mail Service is Valid

Posted in Bankruptcy, Chapter 11, Chapter 7, Creditors' Rights, General Litigation

Are You Looking for Redemption in Bankruptcy?

By Heather Ries  on January 31, 2017

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What is “redemption” in bankruptcy?

  • Redemption is an option available to Chapter 7 individual debtor (not corporations or business entities).
  • Redemption may allow the debtor to keep personal property (intended

…
Continue Reading Are You Looking for Redemption in Bankruptcy?

Posted in Bankruptcy, Chapter 7

Dear Debtor, You Said I Was Your First Priority, a VIP!

By Heather Ries  on October 28, 2016

In my May 26th post, I raised several questions that unsecured creditors in any Chapter 11 case should know the answers to and take action where appropriate.  One of…
Continue Reading Dear Debtor, You Said I Was Your First Priority, a VIP!

Posted in Bankruptcy, Chapter 11, Chapter 7, Creditors' Rights

Supreme Court Says No More Stripping!…of Junior Liens in Chapter 7

By Heather Ries  on June 12, 2015

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The Eleventh Circuit’s opinions in In re McNeal1, Bank of America v. Caulkett2 and Bank of America v. Toledo-Cardona3 put second mortgages in greater jeopardy for…

Continue Reading Supreme Court Says No More Stripping!…of Junior Liens in Chapter 7

Posted in Bankruptcy, Chapter 7, Creditors' Rights

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