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Rehearing Petition Attacks Fifth Circuit Opinions Stripping Exemptions of their Finality
Petition characterizes Fifth Circuit as standing alone by rejecting the ‘snapshot rule' for exemptions.
Kent Lindemuth, Topeka Developer, Wants Postponement of Bankruptcy Trustee
Kent Lindemuth and Vikki Lindemuth are clashing on his request to a U.S. Bankruptcy Court judge to postpone the appointment of the Chapter 11 trustee appointed to handle his portion of the couple’s bankruptcy, the Topeka (Kansas) Capital-Journal reported. Kent Lindemuth, a Topeka developer, has filed a three-sentence motion to postpone the appointment of the trustee until U.S. District Court judge could rule on his appeal of the order appointing the trustee. “I request the stay because I do not want liquidation of any property before a decision on the appeal,” Kent Lindemuth wrote in the motion he filed on July 27. On Tuesday, Vikki Lindemuth filed an objection in bankruptcy court to postponing appointment of the chapter 11 trustee. Kent and Vikki Lindemuth, who have been married 44 years, are in the midst of a divorce as well as a bankruptcy. Their estate is estimated to be valued at $16 million to $20 million, according to a lawyer representing Kent Lindemuth.
‘Cert’ Petition Seeks to Resolve Circuit Split on What’s a ‘Transfer’
High court should grant review to ensure fraudsters don’t escape consequences.
Western District of New York Bankruptcy Filings Rising after Years of Decline
Bankruptcy filings in the Buffalo/Rochester region have been doing something unusual lately: increasing, the Buffalo News reported today. The number of cases filed in July rose 24 percent from a year ago, to 353, according to the U.S. Bankruptcy Court's Western District of New York. Year to date, the number of cases filed in the region was up 2.5 percent from the same period a year ago, to 2,549. The increases are notable since the number of cases filed in the Buffalo/Rochester region on a full-year basis have fallen for seven straight years entering 2017. Over the past several years, bankruptcy experts have attributed the string of annual declines in filings to factors including the higher cost of going through the process, credit being extended to a smaller number of people and consumers spending more cautiously after the Great Recession. Read more.
For more information on monthly and quarterly bankruptcy statistics, be sure to visit ABI’s Newsroom.
Bankruptcy Filings Increase for Third Month in a Row in Northwest Ohio
After seven years of declines, bankruptcies in northwest Ohio appear to be on the rise, the Toledo Blade reported today. Cases filed in U.S. Bankruptcy Court in Toledo rose 14 percent in July, the third consecutive month of increases and the second straight month with a double-digit increase. Bankruptcies increased in four of the seven months this year. They rose in just four of the 12 months in 2016. The filings cover Toledo and 21 counties in the region. In July, 326 cases were filed compared with 280 a year ago. Chapter 7 liquidation cases are down 1 percent but chapter 13 repayment cases are up 18 percent. Read more.
For more information on monthly and quarterly bankruptcy statistics, be sure to visit ABI’s Newsroom.
Wisconsin Posts Fewest Bankruptcy Filings in a Decade
Wisconsin posted its fewest bankruptcy filings in a decade in the first half of 2017, the Milwaukee Journal Sentinel reported today. The 8,921 bankruptcy petitions filed in federal court in January through June marked the lowest total for that period in the state since 7,642 were filed in 2007, just before the Great Recession. Filings were down 1.5 percent from 2016, when 9,060 people or businesses declared themselves insolvent in Wisconsin. The figures in Wisconsin were slightly better than national averages in the first half of the year. Total bankruptcy filings through June increased 0.2 percent in the United States, to 399,454 from 398,627, during the same period in 2016, according to the American Bankruptcy Institute. Read more.
For more information on monthly and quarterly bankruptcy statistics, be sure to visit ABI’s Newsroom.
An Allowance of Compensation Is Not a Money Judgment, Judge Teel Holds
Decision shows why fee awards are difficult to collect after dismissal.
Judge Name - Do not use it.
S. Martin Teel, Jr.
Ninth Circuit Upholds Tough Civil Sanctions for Contempt of Turnover Order
Two years in jail and $1,000 in daily fines are ok as civil contempt sanctions.
Judge Name - Do not use it.
Theodore C. Albert
Florida Judge Narrowly Interprets Eleventh Circuit’s Failla Decision on Surrender
Decisions to surrender aren’t made in ‘perpetuity,’ Judge Isicoff holds.
Judge Name - Do not use it.
Laurel M. Isicoff