It isn’t often that a court is reversed twice by the U.S. Supreme Court in the same case and still had the right result. But in effect, that’s what happened to the Ninth Circuit in the Anna Nicole Smith case.
Filed under: Bankruptcy, Civil Litigation, Estate Planning, Legal Topics | Tagged: Anna Nicole Smith, bankrutpcy, inheritance, judgment, Supreme Court, will | Comments Off
Many attorneys, from business transactional specialists to family lawyers, are asked by their individual clients, “Should I file for bankruptcy?” This is not an easy question to answer, and is best responded to after analyzing many facts and issues. In fact, to answer it well, you’ll need to ask some questions of your own to determine the appropriateness of bankruptcy and [...]
Filed under: Bankruptcy, Legal Topics | Tagged: bankruptcy, Chapter 13, Chapter 7, debtor, guarantors, preference | Comments Off
Commercial bankruptcies continue to soar, leaving frustrated landlords hung out to dry by bankrupt tenants. After filing for bankruptcy, a commercial tenant has a limited time to either assume or reject its lease as an executory contract. This election has significance to both the tenant and the landlord.
Filed under: Bankruptcy, Legal Topics, Real property | Tagged: bankruptcy, commercial lease, landlord, real estate, tenant | Comments Off
On April 13, 2010 the Associated Press reported in its Economic Stress Index, that the US economy in February was still under “stress” with a score of 11.8, although the number was slightly down from its all time high of 11.9 in January. The Index calculates a score for more than 3100 counties based on [...]
Filed under: Bankruptcy, Real property | 1 Comment »
On March 8, 2010, the United States Supreme Court in Milavetz, Gallop & Milavetz, P.A. v. United States (2010) 559 U S ____, 2010 US Lexis 2206, 10 C.D.O.S. 2797 ruled that attorneys fall within the definition of “debt relief agencies” in Bankruptcy Code §101(12A). This means that advertising rules in Bankruptcy Code §528(a)(4) and limitations [...]
Filed under: Bankruptcy, Business, Legal Topics | 2 Comments »
