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Insolvency Service “reframes” view of creditor – IPs can apply their discretion (UK)

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Reversal Of Decision In Bayou Group Bankruptcy Offers Little Guidance For The Institutional Investor Wishing To Redeem From A Fraudulent Ponzi Scheme

In a partial reversal of a decision from Bayou Group LLC's bankruptcy case, the U.S. District Court for the Southern District of New York reconsidered a controversial ruling that sent shivers down the spines of institutional investors in 2008. See In

Hardship Discharge In Chapter 13 Bankruptcy

If you’ve filed for Chapter 13 bankruptcy in New York, or are thinking of filing Chapter 13 bankruptcy, you’re probably worried about what happens to your Chapter 13 Plan if your fortunes take a turn for the worse. After all, Chapter 13 bankruptcy

Impact Of A Bankruptcy On A Default Judgment

If you’ve got a default judgment against you for an unpaid credit card debt, personal loan, medical bill, or similar debt then you may be thinking that filing for bankruptcy will solve the problem. New York consumers may want to seriously consider

Unbelievable Relief From Chapter 7 Bankruptcy, Client Says

I was sitting with a client in my Houston law office the other day, finishing up a Chapter 7 bankruptcy signing appointment with a woman. It’s a lot of paperwork, about 40 pages of financial information about her, and the review and signing of all


The Emergency in Haiti: Can You Help?

I rarely go off-topic in this Blog, and have not used it to promote personal causes, but I am compelled to add this note about Haiti. I just returned this past Thursday from my second trip to Haiti this year. Most of the trip was spent in the

What is DWI vs. DUI in Virginia?

DWI (driving while intoxicated) and DUI (driving under the influence) are essentially the same thing. In Virginia, DWI and DUI are defined by code section 18.2-266. Under this code section, a DWI or DUI can be proven by showing that the person drove

Will a Virginia Reckless Driving Conviction Eventually Come Off My Record?

A conviction for reckless driving will eventually come off of your Virginia DMV record after 11 years. However, it will NEVER be removed from your permanent criminal record (NCIC - National Crime Information Center) with the FBI, state police, and

NY Courts’ New Rule Could Slow Down Foreclosures

As reported on Law.com, the New York state court system has directed lawyers moving for foreclosures to file an affirmation that they have verified the accuracy of the papers they are filing in support of the foreclosure. While lawyers regularly

Landlord's Claim For Rejection Damages Denied; Landlord Waived Rights To Claim Rejection Damages In New Lease.

In re Stock Building Supply, LLC, et al., Case No. 09-11572 (MFW) (July 28, 2010) (Walrath, J.) The court disallowed Somerset Properties SPE, LLC’s (“Landlord” or “Somerset”) claim for rejection damages because the new lease entered into between the

Forum Selection Clause Did Not Apply To Core Matter; Motion To Dismiss Denied.

Charys Liquidating Trust v. McMahan Securities Co. ( In re Charys Holding Company, Inc.), Case No. 08-10289 (BLS), Adv. No. 10-50213 (BLS) (August 27, 2010) (J. Shannon) On or about October 11, 2006, Charys Holding Company, Inc. (“Charys”) entered