by Nathan Baney | Jan 7, 2008 | Section 109, SSM |
In re Shea; Case No. 08-10014-SSM; January 7th, 2008 In this matter, the pro se debtor filed for a waiver of the pre-petition counseling requirement under 11 USC 109. The court points out that the requirement may be deferred with respect to a debtor who submits to...
by Nathan Baney | Jan 4, 2008 | 362, SSM |
In re Kim, Case No. 07-12972-SSM, January 4th, 2008 Wachovia brought a Motion for Relief from the Automatic Stay to enforce its security interest in the debtors formerly owned property. The property had been sold a few years prior, but the title examiner failed to...
by Nathan Baney | Jan 2, 2008 | 509, RGM |
In re Amireh, Case No. 05-12358, January 2nd, 2008 Treatment of codebtor claims In this case, the debtor originally filed a Chapter 13 which was denied confirmation and then was converted to a Chapter 7. The Codebtor then purchased Debtors interest in the property,...
by Nathan Baney | Jan 2, 2008 | 303, Rule 9023, SSM |
In re Local Communications Network, Inc., Case No. 07-12433-SSM, Januarary 2nd, 2008 This matter was before the court on a Motion to Reconsider an order dismissing an involuntary petition. The motion was filed by the petitioning creditors. In denying the motion to...
by Nathan Baney | Dec 28, 2007 | Filing |
One Hundred Eighty Day Rule: Debtors are ineligible for bankruptcy relief when they were debtors in a case pending under the Code at any time during the 180 days preceding the filing of the new petition if: 1. the prior case was dismissed by the court “for...
by Nathan Baney | Aug 19, 2007 | 1325, 707 |
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...
by Nathan Baney | Aug 13, 2007 | 505, 541, 547 |
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. ...
by Nathan Baney | Aug 5, 2007 | 544 |
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...