Chapter 7 Trustee Bankruptcy Blog

Supreme Court Decision Resolves Disagreement Among Circuits Concerning the “Securities Safe Harbor” Under 11 U.S.C. § 546(e)

On February 27, 2018, the United Supreme Court issued its decision in Merit Management Group, LP v. FTI Consulting, Inc., 138 S. Ct. 883 (2018), which significantly curtailed the ability of a defendant in an action ...

Bankruptcy Appellate Panel of the Ninth Circuit Affirms Bankruptcy Court Decision

Bankruptcy Appellate Panel of the Ninth Circuit Affirms Bankruptcy Court Decision that A Debtor Cannot Claim A Florida Homestead Exemption In Property Located In Nevada It is well-known that the Chapter 7 bankruptcy trustee’s primary responsibility ...

Substantive Consolidation Might Redefine A Debtor: Impact On Predicate Creditors Under § 544(b)

The March 2018 edition of the American Bankruptcy Institute Journal features an article published by Jacob L. Houmand and Kyle J. Ortiz titled Substantive Consolidation Might Redefine A Debtor: Impact On Predicate Creditors Under § 544(b).  The ...

A Bankruptcy Trustee’s Ability to Waive A Debtor’s Attorney-Client Privilege

Outside the context of a bankruptcy proceeding, it is undisputed that the attorney-client privilege only belongs to the client.  Moore v. Eason (In re Bazemore), 216 B.R. 1020, 1023 (Bankr. S.D. Ga. 1998).  Upon the filing ...

Commission Split Following Appointment of Successor Trustee

It is well-established that the commission for bankruptcy trustees appointed in Chapter 7 cases is dictated by 11 U.S.C. § 326(a)[1], which provides for a staggered commission based upon the amount of assets disbursed to creditors[2]: ...

Supreme Court Holds Filing Of A Patently Time-Barred Proof of Claim Does Not Violate the FDCPA

In Midland Funding, LLC v. Johnson, No. 16-348, 2017 WL 2039159 (U.S. May 15, 2017), the Supreme Court resolved the disagreement among Courts of Appeals as to whether a creditor’s filing of a proof of claim ...

Victoria L. Nelson and Jacob L. Houmand Publish Article In the American Bankruptcy Institute Journal Regarding New Case Law Interpreting the Statutory Cap On Homestead Exemptions

The May edition of the American Bankruptcy Institute Journal features an article published by Victoria L. Nelson and Jacob L. Houmand titled A Cautionary Tale: Transfer of Real Property from LLC to Debtor May Trigger Statutory Cap ...

Status of Deficiency Judgments In Nevada

Status of Deficiency Judgments In Nevada Following Ruling by the Nevada Supreme Court In the Case Entitled Sandpointe Apartments, LLC v. the Eighth Judicial District Court of the State of Nevada, 313 P.3d 849 (2013)[1] The ...

Subscribe to Chapter 7 Trustee Bankruptcy Blog Via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email.