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Annual Review of Cases and New Development in Bankruptcy 2010

San Diego County Bar Association UNITED STATES SUPREME COURT Hamilton v. Lanning ___ U.S. ____, 130 S.Ct. 2464, 177 L.Ed.2d 23 (2010) Court may consider future income/ expenses known or virtually certain at the time…

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Annual Review of Cases and New Development in Bankruptcy 2011

UNITED STATES SUPREME COURT Ransom v. FIA Card Services ___ U.S. ___; 178 L.Ed.2d 603; 131 S.Ct. 716 (2011) Chapter 13. A debtor who does not actually have car loan/lease payments may not use the…

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Annual Review of Cases and New Development in Bankruptcy 2012

Bankruptcy Section of the San Diego County Bar Association   UNITED STATES SUPREME COURT Radlax Gateway Hotel LLC v. Amalgamated Bank 566 U.S. ___; 182 L.Ed.2d 967; 132 S.Ct.2064 (2012) Chapter 11 cram down plan…

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Annual Review of Cases and New Development in Bankruptcy 2013

Bankruptcy Year In Review San Diego County Bar Association February 4, 2014   UNITED STATES SUPREME COURT Bullock v BankChampaign, NA, ___ U.S. ___, 133 S.Ct. 754, 185 L.Ed.2d 922 (2013) Defalcation while acting in…

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Automatic Stay Litigation

By Dennis Wickham, Shareholder Seltzer Caplan McMahon Vitek The mere filing of a bankruptcy petition creates an injunction preventing acts against the Debtor or its assets. The injunction applies to all creditors whether or not…

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Bankruptcy Year In Review 2014

By Dennis Wickham San Diego County Bar Association February 17, 2015 UNITED STATES SUPREME COURT Clark v Rameker, 573 U.S. ___, ___ S.Ct., L.Ed.2d ___ (2014) Funds in an inherited IRA are not “retirement funds”…

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Bankruptcy Year In Review 2015

Print Bankruptcy Year In Review San Diego County Bar Association February 23, 2016 UNITED STATES SUPREME COURT Baker Botts LLP v. Asarco LLC 192 L.Ed.2d 208 (2015) Bankruptcy Code does not permit bankruptcy courts to…

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Chapter 11 Confirmation Issues

By Dennis Wickham The goal of Chapter 11 is reorganization through confirmation of a Plan of Reorganization. There are three steps toward confirming the Plan: (1) obtaining court approval of a disclosure statement, whose purpose…

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Overview Of Bankruptcy Basics

By Dennis Wickham The purpose of bankruptcy laws has changed greatly over the years. The word “bankruptcy” stems from the practice in the middle ages when merchants could not pay their creditors. The unpaid creditors…

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The legal information provided is not legal advice but rather general information and should not be used as a substitute for speaking with an attorney.