Supreme Court Decision Resolves Disagreement Among Circuits Concerning the “Securities Safe Harbor” Under 11 U.S.C. § 546(e)
By Houmand Law Firm, LTD. |
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
By Houmand Law Firm, Ltd. |
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)
By Houmand Law Firm, LTD. |
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
By Houmand Law Firm, LTD. |
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
By Houmand Law Firm, LTD. |
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
By Houmand Law Firm, Ltd. |
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
By Houmand Law Firm, Ltd. |
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
By Houmand Law Firm, Ltd. |
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.
Please enter a valid email address.
Thank you for subscribing to the Chapter 7 Trustee Bankruptcy Blog, which is dedicated to providing content on legal issues that often confront bankruptcy trustees and their professionals. New articles will be published on a weekly basis. You will be notified via email when a new article is available.
Something went wrong. Please check your entries and try again.