Author: Mike Shovan

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

In a Texas decsision, the Bankruptcy Court held that a Mortgage Creditor waived right to recover escrow shortages by failing to provide escrow analyses required

In a recent 5th Circuit Court of Appeals decision, a proof of claim filed by mortgage creditor in the Homeowner’s prior Chapter 13 case did

Here are the elements of judicial estoppel: The doctrine of judicial estoppel is “a common law doctrine by which a party who has assumed one

In a Texas case, a Debtor received full value for prepetition payments made to a creditor for purposes of defense under Code § 548(c) to

The US Trustee’s guide to the Chapter 7 Means Test states that household size is the debtor, spouse and any dependents that the debtor could

The debtor’s surrender of property does not divest debtor of title to property in a Bankruptcy proceeding in Michigan. A Chapter 13 debtor’s surrender of