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Archives for September 2015

In re: Harris: What should the Chapter 13 trustee do with funds that the trustee has received but not yet distributed

Harris v. Viegelahn : Basic House-Keeping in Consumer Bankruptcy Bankruptcy Law Letter July 2015 35 No. 7 Bankruptcy Law Letter NL 1 In a rare unanimous case, the Supreme Court has finally resolved a question that has nagged courts for decades. Harris v. Viegelahn,[ ] involved a Chapter 13 case that was converted to Chapter 7. The…

Validity, Construction, and Application of 18 U.S.C.A. § 152(2), Prohibiting Knowingly and Fraudulently Making False Oath or Account in or in Relation to Any Bankruptcy Case

Validity, Construction, and Application of 18 U.S.C.A. § 152(2), Prohibiting Knowingly and Fraudulently Making False Oath or Account in or in Relation to Any Bankruptcy Case American Law Reports ALR Federal 2d The ALR databases are made current by the weekly addition of relevant new cases. 90 A.L.R. Fed. 2d 333 (Originally published in 2014) Title 18…

Common-Law Fraud, Deceit, or Manipulation in Connection with Purchase or Sale of Securities Under 11 U.S.C.A. § 523(a)(19)

Exception to Discharge in Bankruptcy for Debts Arising Out of Violation of Securities Laws or Common-Law Fraud, Deceit, or Manipulation in Connection with Purchase or Sale of Securities Under 11 U.S.C.A. § 523(a)(19) American Law Reports ALR Federal 2d The ALR databases are made current by the weekly addition of relevant new cases. 91 A.L.R. Fed. 2d…

Construction and Application of 18 U.S.C.A. § 152(4), Prohibiting Knowing and Fraudulent Presentment of False Claim for Proof Against Bankruptcy Estate

Construction and Application of 18 U.S.C.A. § 152(4), Prohibiting Knowing and Fraudulent Presentment of False Claim for Proof Against Bankruptcy Estate American Law Reports ALR Federal 2d The ALR databases are made current by the weekly addition of relevant new cases. 92 A.L.R. Fed. 2d 559 (Originally published in 2015) This annotation collects and discusses the cases…

Construction and Application of 11 U.S.C.A. § 511(a) Providing for Rate of Interest on Tax Claim

Construction and Application of 11 U.S.C.A. § 511(a) Providing for Rate of Interest on Tax Claim American Law Reports ALR Federal 2d The ALR databases are made current by the weekly addition of relevant new cases. 93 A.L.R. Fed. 2d 151 (Originally published in 2015) Under § 511(a) of the Bankruptcy Code, a creditor that is a…

Construction and Application of 11 U.S.C.A. § 1112(b)(4)(A), Providing for “Reasonable Likelihood of Rehabilitation” that Chapter 11 Debtor Must Have in Order for Substantial or Continuing Losses to Estate Not to Provide “Cause” for Dismissal or Conversion of Case

Construction and Application of 11 U.S.C.A. § 1112(b)(4)(A), Providing for “Reasonable Likelihood of Rehabilitation” that Chapter 11 Debtor Must Have in Order for Substantial or Continuing Losses to Estate Not to Provide “Cause” for Dismissal or Conversion of Case A bankruptcy court considering whether to convert or dismiss a Chapter 11 case under 11 U.S.C.A….

Construction and Application of Phrase “With Respect to the Debtor” of Bankruptcy Code, 11 U.S.C.A. § 362(c)(3)(A), Terminating Automatic Stay of Execution for Debtors Commencing Second Bankruptcy

Construction and Application of Phrase “With Respect to the Debtor” of Bankruptcy Code, 11 U.S.C.A. § 362(c)(3)(A), Terminating Automatic Stay of Execution for Debtors Commencing Second Bankruptcy Where the interval between the dismissal of a debtor’s bankruptcy case and the debtor’s filing of a successive case is less than one year, 11 U.S.C.A. § 362(c)(3)(A)…

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