Paying off non-filing spouse’s creditors in a Chapter 13 NOT “good faith”

August 19, 2007

In re Stanley; Case No. 10-50152; August 19th, 2010 Mr. Stanley, a below median debtor, filed a Chapter 13 bankruptcy by himself, although he was married.  He held a low paying job and his wife did not work, though she did receive unemployment compensation.  Most of her compensation went towards her own outstanding debt and [...]

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Funds Held for Another in Bankruptcy and Amendment of Pleadings

August 13, 2007
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United States v. Wolff; Case No. 09-1107; August 13th, 2010 The procedural history for this case is rather convoluted, but ultimately, this case involved the involuntary Chapter 7 bankruptcy of FirstPay, a company that provided payroll services to businesses.  FirstPay also made the proper withholding and then made the proper payments of the withholding to [...]

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Trustee avoiding liens as a bona fide purchaser

August 5, 2007

Anderson v. Suntrust; Case No. 09-02540; August 5th, 2010 Facts This Chapter 11 case was before the court on the Trustee’s appeal of the bankruptcy court’s order and judgment in favor of Suntrust in which the court determined that under Florida law, constructive notice prevents the Trustee from using his strong-arm powers to avoid the [...]

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