Most Unscheduled Debts May Be Discharged
ABI Journal -- by Robert C. Meyer
Common sense would dictate that any creditor who had no knowledge of the bankruptcy, because the creditor was not included in the debtor’s bankruptcy schedules and therefore was not noticed of the case, would not have its debt be subjected to the bankruptcy discharge. Oh, if only Bankruptcy Code statutes were so easily discernible. Unfortunately, this issue encompasses ambiguous clauses that create reasonable differences of opinion and a split among the courts.
Section 522 (b) (3)
A Debtor with No Homestead Exemption
Edward Everett Hale wrote about Philip Nolan in "The Man Without a Country," where a soldier was tried for treason and banished to live at sea without any news of America — a patriot's worst nightmare. Recently, a debtor named Steven Wallwork encountered a similar dismal fate when he was told he cannot have his Idaho homestead exemption, his prior Maryland residential homestead exemption or even the federal homestead exemption — making Wallwork experience a debtor's worst nightmare by being "The Man Without a Homestead Exemption." This article establishes the idiosyncratic homestead-shifting statute of 11 U.S.C. 522 (b) (3) and an Idaho judge's review of the same, and how the court interpreted 522 (b) (3) with Maryland law to conclude that, in certain situations, a debtor might be deprived of a homestead exemption.
Bankruptcy And Trusts
by Robert Meyer
Consumer Corner - ABI Journal - February 2021 - Page 26
When a bankruptcy estate includes a trust, bankruptcy trustees pay attention. Whether the debtor is a settlor or beneficiary, such trusts can easily bring potential assets into the estate to and for the benefit of creditors, often because such trusts almost never were created with concern about bankruptcy avoidance powers. This article first delivers a cursory review of trusts, then delves into some bankruptcy effects upon certain trusts.
Florida Bar Tax Bulletin, 2020 Fall Issue - How to Interpret 11 U.S.C.
Considering the basic constructs of denying discharge to taxpayer debtors in bankruptcy and how there is a slight difference between late filers and timely filers. How the Bankruptcy Abuse Prevention and Consumer Protection Act’s (BAPCPA)2 now famous hanging paragraph has created a division among the circuits relating to any ability by a late-filing taxpayer having taxes discharged in bankruptcy.
Legislative Update: Small Business Reorganization Act Arrives This Month
by Robert Meyer
ABI Journal - February 2020 - Page 8
When a small business case walks through the attorney's door and seeks bankruptcy protection, a new facet has been created that might allow for an expedient, efficient and less expensive manner to resolve their financial problems. This facet is known as the "Small Business Reorganization Act (SBRA).
Are Client's Tax Returns Timely Enough for Discharge
by Robert Meyer
An increasing number of published cases deliver a BAPCPA1-created issue to the bankruptcy journals: Can a personal tax return filed under proper extension be discharged under 11 U.S.C. §523(a) — most importantly when the tardy tax return's filing is deemed timely under the Internal Revenue Code? https://www.floridabar.org/news/tfb-journal/?durl=/divcom/jn/jnjournal01.nsf/8c9f13012b96736985256aa900624829/c57a4da77578c7738525810d00526399
Divorce Issues in Bankruptcy Often Make Handling Divorce Matters Advantageous
(Part 1) February 6, 2017
by Robert C. Meyer http://robertcmeyer.com
A DSO creditor has many protections and priorities. Sometimes those protections permit DSO creditors to seek remedies that might not be provided to other creditors.
Divorce Issues, Part 2
The Shield and the Sword: DSO Creditors' Collection Improves in Bankruptcy
Clawback Periods May Extend to Six or Ten Years
National Association of Consumer Bankruptcy Attorneys
Consumer Bankruptcy Journal -
Fall 2016, page 21
by Robert C. Meyer http://robertcmeyer.com
A trustees litigation counsel must be concerned about two things when lawsuits arise: (a) until when can the lawsuit be filed; and, (b) how far back can the clawback of the avoidance action reach? The former question is relatively simple with statutory guidance making the deadlines effectively well known. The latter is a disputed issue; and, a recent decision in the Southern District of Florida Bankruptcy Court alerted practitioners. This article will review both concepts and outline the associated statutory framework. In addition, this article will discuss the many layered analysis given by numerous courts which deliver reasonable differences of opinion about the clawback period jurisdictionally differing.
Consumer Bankruptcy Journal - Spring 2016
National Association of Consumer Bankruptcy Attorneys
The Consumer Bankruptcy Journal (formerly NACBA Now) is the official publication of the National Association of Consumer Bankruptcy Attorneys. Readers include attorneys, judges, paralegals, legal assistants, law students, Bar Associations around the country, and other legal professionals. The quarterly publication showcases consumer bankruptcy related material, Supreme Court updates, profiles of NACBA members and programs, previews of NACBA events, as well as, commentary on topics of interest to bankruptcy attorneys.
Spring 2016 - Page 14
ABC Assignee Banned From Filing A Voluntary Bankruptcy Petition
by Robert C. Meyer http://robertcmeyer.com
The Eleventh Circuit Court of Appeals recently ruled that assignees involved with an assignment for the benefit of the creditors, as defined under Florida statute, do not have the right to voluntarily file a bankruptcy petition for the assigned corporation. This concept initially appears to be a newly created prohibition but merely incorporates old precedent. Below, this article will commence with some background information about restrictions on bankruptcy filing, and how this ruling does not create new limitations; but incorporates limitations created 70 years ago by the United States Supreme Court.
Spring 2016 - Page 18
Illegality of Marajuana Growing Prohibits Bankruptcy Plan Confirmation
by Robert C. Meyer http://robertcmeyer.com
Although only four cases that proceeds from legal (legal under state law) marijuana production cannot be the primary source of income for a chapter 11 or chapter 13 plan pursuant to respective provisions of the bankruptcy reorganization chapters. And, the prohibitions by those chapters led one court to enjoin a debtor from: growing marijuana; using his home as the growing house for the marijuana; using a truck to transport marijuana; and, buying or using fertilizer or other horticultural devices for marijuana production. That court harshened the injunction by compelling the destruction of the existing marijuana plants while the debtor remained under the protection of the bankruptcy laws.
Spring 2016 - Page 51
Will A Surrender in Bankruptcy Terminate Defenses in Florida Foreclosure?
by Robert C. Meyer http://robertcmeyer.com
Focusing exclusively upon Florida bankruptcy case law, a Chapter 7 bankruptcy debtor's "Statement of Intention" may have important consequences in a state foreclosure. Rulings slowly evolved to deliver the present majority opinion which concludes that the bankruptcy surrender –- through the "Statement of Intention" –- requires the debtor to cease defending a state foreclosure proceeding. Because of this jurisprudential evolution, bankruptcy filings must be seriously reviewed by state court attorneys handling foreclosure defenses as the debtor's representation in the Bankruptcy Court may not only trump the foreclosure defenses; but, may subject foreclosure defense counsel to contempt hearings before the Bankruptcy Court. And, not surprisingly, a recent decision in the Southern District of Florida upended this majority position by showing a different perspective in what appears to be to the debtor's advantage.
NABTalk
Bankruptcy's Service of Process Is Complex and Confusing - Fall 2012
American Bankruptcy Institute
Can New Rule 3001.1 Snooker A Secured Creditor? - February 2012
The Florida Bar Journal
Accelerated Payment in Chapter 13 = Modification - November 2011
New Ransom Decision Opens or Closes Doors?
ABI Committee News - April 2011
The Florida Bar Journal
Section 522(f) Forward to the Past or Back to the Future? (link)
Reprinted from FBJ - PDF - 132k
Chapter 7 and Chapter 13 Issues PDF - 436k
Reprinted from the NBI from National Workshop
Carlson v. Commissioner - PDF - 54k
Discharge Calculations under the New Code for Those Filing
Reprinted from the ABI Committee News, Vol. 4, No. 3, 2006
Discharging Taxes in Bankruptcy Has Evolved - PDF - 30k
Reprinted from Business Law Section, Florida Bar, February 12, 2002
Disclaimer Statute May Permit Judgment Debtors to Deliver Money to Friends or Family With Nothing to Creditors, But Not Always in Florida - PDF - 7.6mb (please note this is a large file and may take some time to load)
Reprinted from the Florida Bar Journal On Line, Vol. 79, No. 4, April 2004
Federal Tax Liens "Stick It to Entireties" - PDF - 4.2
(please note this is a large file and may take some time to load)
from The Florida Bar's Tax Section's Bulletin -- Vol XXII, No 1, September 2003 - PDF - 556k
Foreclosure Bankruptcy - PDF - 275k
Homestead Protection is Devolving PDF - 36k
Reprinted from the ABI Committee News, Vol 4, No 1 as published 2005
Homestead Protection is Devolving National Association of Bankruptcy Trustee's Version PDF - 2.2mb
Reprinted from the NABTalk, Vol 22, No 2 as published 2006
Major Changes to Bankruptcy Law PDF - 58k
Nonresident Alien Debtors' Exemption Rights in Florida May Exceed Those of Florida Resident Aliens and Floridians PDF - 134k
Reprinted from the NABTalk Spring 2003, Vol 19, No 1 |
