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
Bankruptcy Trustees are Entitled to Jury Trials Too?!
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
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Dear Bankruptcy Asset Purchaser, Got Good Faith?
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
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Dear Bankruptcy Defendant, U.S. Mail Service is Valid
“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
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Are You Looking for Redemption in Bankruptcy?
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
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Dear Debtor, You Said I Was Your First Priority, a VIP!
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!
Supreme Court Says No More Stripping!…of Junior Liens in Chapter 7
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