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Archives for January 2013

What constitutes “Attorney Work Product” when a creditor is attempting to discover matters relating to Schedule F – the Schedule setting forth the General Unsecured Creditors?

In McDowell, the Court required debtors’ attorney to turn over debtors’ original Schedule F, but not other documents. Ruling on the U.S. Trustee’s motion to require the Chapter 7 debtors’ attorney to turn over various documents created during the debtors’ case, the court held that: A questionnaire created by the attorney, to which one or…

Are post-petition condominium assessments “non-dischargeable” debts?

In a highly contentious issue, the Texas based Zamora Court Post-Petition condominium assessments are postpetition debts – and therefore non-disharageable. Homeowners association fees assessed after the filing of a voluntary petition in bankruptcy are postpetition debts. See In re Beeter, 173 B.R. 108 (Bankr. W.D. Tex. 1994) (under the debtor’s condominium declaration, and under Arizona law,…

Can a Mortgage Creditor’s post-petition payment claim be disallowed in a Chapter 13 Bankruptcy?

Yes. In a recent Texas decision, the Creggett court disallowed the mortgage creditor’s claimed payment change from $1,246 monthly to $2,608 monthly, based on an asserted change in the Chapter 13 debtors’ monthly escrow account payment from $0.01 to $1,652. The court apparently believed that the creditor had not properly documented the analysis of the debtors’ escrow…

Is a Creditor’s right to enforce a Covenant Not to Compete a “claim” that is dischargeable in a Bankruptcy proceeding?

In Texas, a Bankruptcy Court held that a creditor’s right to equitable relief to enforce a covenant not to compete against the debtor was a “claim” under Code § 101(5) because, under § 101(5)(B), the term “claim” includes the “right to an equitable remedy for breach of performance if such breach gives rise to a…

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