Bankruptcy

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 is to “collect and reduce to money the property …

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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 article examines recent case law analyzing the effect of …

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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 of a bankruptcy petition, however, the relationship between an …

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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 that is clearly barred by the statute of limitations …

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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 On Homestead Exemptions, American Bankruptcy Institute, May 2015.  The …

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