Commercial Real Estate Developers Chose Bankruptcy To Thwart Foreclosure
David Bagwell, a Colleyville luxury home developer has placed the partnerships that own three of his subdivisions into Chapter 7 bankruptcy so that he can avoid foreclosure on the undeveloped land. The group of...
Bankruptcy Court Overrules Objection To Reaffirmation Agreement
In the Chapter 7 bankruptcy case of Boliaux, Edward F.; In re, the bankruptcy court overruled an objection to a reaffirmation agreement saying that the objection, which was based on the hardship presumption, was...
Former Detroit Piston Files Chapter 7 Bankruptcy
Former Detroit Piston Derrick Coleman filed for Chapter 7 bankruptcy with $4.7 million in debts and a little over $1 million in assets. Coleman, whose 15-year NBA career ended with the Pistons in 2005,...
Overcoming The Presumption Of Bankruptcy Abuse
When a debtor decides to file bankruptcy, in order to determine if they should file Chapter 7 bankruptcy or Chapter 13 bankruptcy it must first be determined if their income is above the median...
Debtors Are Not Required To Financially Punish Themselves Because Of Past Mistakes
There seems to be an upsurge of anti-bankruptcy rhetoric aimed at indebted Americans to make them feel guilty about their financial circumstances which force them into bankruptcy. Since the critics can't honestly say that...
Creditor Must Provide Solid Evidence When Accusing Debtors Of Malicious Acts
In the bankruptcy case of Powell, James D. and Betty J., In re (American Bank of Commerce v. Powell), the bankruptcy court ruled against the creditor who accused the debtor of willfully and maliciously...
Court Finds That Bank of America Willfully Violated Debtors’ Bankruptcy Discharge
In the Chapter 7 bankruptcy case of McClure, Danny J. and Kimberly D.; In re (McClure v. Bank of America, et al.), the bankruptcy court found that the creditor Bank of America (BoA) and...