Judge González (Bankr. D.P.R.) Denies Debtor’s Request to Use Cash Generated by Post-petition Rent
Generated by Post-petition Rent A recent bankruptcy decision out of the District of Puerto Rico shows just how hard it is to reorganize for a debtor...
Liens Against Pledged Revenues Did Not Attach Post-Petition The Creditor Defendants’ security interests in the Pledged Revenues are properly
The Creditor Defendants’ security interests in the Pledged Revenues are properly perfected under Pennsylvania law The Creditor Defendants hold...
Vaquería Las Martas’ Third Bankruptcy Dismissed Due to Continuous Financial Decline A bankruptcy filing can provide a debtor with powerful tools
Financial Decline A bankruptcy filing can provide a debtor with powerful tools to restore financial health.
Request to Appeal Non-Final Discharge Violation Order Denied Due to Failure to Address Existence of Substantial Ground for Difference of Opinion
Failure to Address Existence of Substantial Ground for Difference of Opinion Years after receiving a discharge.
363 Sale of 50% Interest in LLC Did Not Convey Membership in the Company When drafting multi-member LLC operating agreements (OAs), it is important
When drafting multi-member LLC operating agreements (OAs), it is important to keep in mind that the flexibility inherent to this type of business...
- Thus, when the debtor failed to timely redeem
under the Puerto Rico pawn law, the creditor La Familia Pawn became the owner of the vehicle.
Judicial Lien Securing Nondischargeable Debt Can Still Be Avoided A debt can be nondischargeable and still be subject to lien avoidance, according
A debt can be nondischargeable and still be subject to lien avoidance, according to a recent decision out of the U.S. Bankruptcy Court for the N.D.
Receiver Not Excused From Obligation to Turn Over Property to Debtor The appointment of a receiver can be an effective remedy under state law
The appointment of a receiver can be an effective remedy under state law to protect a secured creditor’s collateral.
Post-Petition Voluntary Retirement Contributions Are Disposable Income
Under Chapter 13 According to a District Court Addressing the famous “hanging paragraph” incorporated into 11 U.S.C.
Lender’s Security Interest Did Not Attach to Settlement Proceeds Due to Absence of Specific Identification A security interest in substantially all
Absence of Specific Identification A security interest in substantially all of the debtor’s assets.
HIMA San Pablo: DIP Financing Approved
Yesterday, Judge Lamoutte authorized HIMA San Pablo to obtain senior secured postpetition financing on a superpriority basis in the aggregate principal...
Bankruptcy Courts Do Not Have Jurisdiction to Provide Equitable Tax Relief to Innocent Spouses In Geary v. United States, et al., the U.S. Bankruptcy
Relief to Innocent Spouses In Geary v. United States, et al., the U.S. Bankruptcy Court for the Western District of Pennsylvania held that bankruptcy...
Does the automatic stay prevent automatic transfer of ownership of
pawned property once the redemption period expires? For the uninitiated, the pawnbroking business has some surprising features.
Automatic Stay Does Not Apply to Dispute Regarding Ownership of Debtor’s Crop Proceeds
Crop Proceeds The U.S. District Court for the Eastern District of Arkansas declined to stay a case which seeks to establish the ownership...
HIMA San Pablo: Are the Proposed Hospital Sales an Improper Sub Rosa
Plan of Reorganization? HIMA San Pablo is looking to sell what could end up being substantially all of its assets before it runs out of money and while...
IRS’ Replacement Lien On Cash Collateral Extends to Debtor’s 363 Sale Proceeds As a result of several years of unpaid federal taxes, the IRS obtained
Proceeds As a result of several years of unpaid federal taxes, the IRS obtained a lien on all of a debtor’s prepetition property.
First Circuit Court of Appeals Upholds Denial of Discharge Based on Failure to Keep Records If you're considering filing for bankruptcy, make sure
Failure to Keep Records If you're considering filing for bankruptcy, make sure that you have financial records which allow for an adequate evaluation...
Small Business Bankruptcies are Rising Due to Increased Interest Rates and Operating Costs Today’s @Wall Street Journal highlights how the Federal
and Operating Costs Today’s @Wall Street Journal highlights how the Federal Reserve’s efforts to slow inflation by raising interest rates have been...
Certain Litigation Acts Trigger their own one-year statute of limitations under the FDCPA As its name suggests, the Fair Debt Collection Practices
limitations under the FDCPA As its name suggests, the Fair Debt Collection Practices Act seeks to protect consumers by prohibiting abusive debt...
Suit Against ORIL Dismissed After Bankruptcy Court Declines to Pass Judgment on Soundness of Milk Regulatory Scheme In El Farmer, Inc. v.
Judgment on Soundness of Milk Regulatory Scheme In El Farmer, Inc. v. Commonwealth of PR, et al..