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Category: Bankruptcy

In Florida Bankruptcy Cases, Raise Claims or Lose Them

Florida Bankruptcy Cases In February, the 2nd Circuit handed down an interesting, unpublished Bankruptcy case, In re Residential Capital, LLC that demonstrates just how complicated the intersection between bankruptcy law, foreclosure law, and general civil litigation can get.  Like many Floridians, Stephanie Harris, an individual residing in Miami, Florida had some difficulty paying her mortgage around 2008. Eventually a mortgage foreclosure action was instituted against her by GMAC Mortgage ([...]

Chapter 11 Bankruptcy for Churches: Minneapolis Archdiocese Joins the List

We’ve said it before and we’re likely to say it again: bankruptcy is designed to provide individuals and businesses (whether for profit or non-profit) with a financial fresh start.  And when it comes to occasionally needing a fresh start, no one is immune.  Some of the countries largest companies have at one time or another filed for bankruptcy and even the Catholic Church has found itself in need of the protections offered by bankruptcy. Over the past eleven years, twelve dioceses have f[...]

Bankruptcy Effect on Divorce : No Love Lost

The bankruptcy effect on divorce It’s been said that two things can make ordinarily rationale individuals act crazy: love and money.  It is not surprising then that when bankruptcy and divorce are combined the results  can get, well, interesting.  Such was the case in Morales v. Giddens, an adversarial case arising from the  bankruptcy effect on divorce regarding Christopher Giddens.  Christopher Giddens and Marta Morales divorced in 2008 after ten years of marriage.  The two agreed to a[...]

Awaiting Supreme Court’s Bankruptcy Protection Decision

Bankruptcy Protection The United States Supreme Court is in session and for the second year in a row, it has an important bankruptcy case on its docket, Wellness International Network Ltd. v. Sharif.  As mentioned in an earlier post on Adam Law Group last year, the Supreme Court in Executive Benefits Insurance Agency v. Arkison, 134 S. Ct. 2165 (2014) passed on providing clarification regarding the power of bankruptcy courts to decide issues “stemming from” bankruptcy protection proceeding[...]

Florida Couple Recovers $1 Million for Harassing Phone Calls

FLORIDA COURT AWARDS $1 MILLION TO COUPLE RECEIVING HARASSING PHONE CALLS Anyone that has ever fallen behind on a debt, knows that what usually follows are harassing phone calls, a lot of them, from the creditor or a collection agency on their behalf attempting to obtain payment of the debt.  There’s a fine line between taking reasonable efforts to collect a debt and engaging in harassment.  Consumer protection laws, like the Fair Debt Collection Practices Act and others, seek to ensure tha[...]

Potential Change in Chapter 11 Bankruptcy Rules

  Chapter 11 Bankruptcy Rules The start of the New Year brings with it the promise of fresh starts and change.  The American Bankruptcy Institute (ABI) is also hoping for change.  At the end of 2014, it released a 400+ page final report on proposed changes to the Chapter 11 bankruptcy rules.  As discussed in greater detail in previous posts, Chapter 11 is a reorganization form of bankruptcy most commonly used by businesses and high net worth individuals.  The report took three years to [...]