A recent article in the Lawyers Journal published by the Allegheny County Bar Association, “Early Neutral Evaluation in the Western District of PA,”[1] addressed the early neutral evaluation (ENE) and mediation opportunities that are part of the mandatory ADR program in the U.S.
I find it surprising that sometimes people do not appreciate that mediation is an artform. There are some who hold the misguided view that mediation is simply another form of court-directed settlement conference. However, mediation is not a settlement conference.
[1] Hon. Jeff Bohm of the U.S.
In In re Cummings,[1] the chapter 12 debtors, who successfully confirmed their chapter 12 plan of reorganization, objected to their attorneys’ application for compensation and reimbursement of expenses.
An April ruling by Hon. Mary Jo Heston of the U.S. Bankruptcy Court for the Western District of Washington in Tacoma addressed a fairly complicated and nuanced administrative expense request, ultimately adopting the view — contrary to at least two circuits — that substantial contribution claims are allowable in chapter 7 bankruptcy cases. In re Maust Transport Inc., Ch. 7 Case No.
Section 523(a)(6) of the Bankruptcy Code prohibits the discharge of debts “for willful and malicious injury by the debtor to another entity or to the property of another entity.”[1] Two decades ago, the Supreme Court clarified that “[t]he word ‘willful’ modifies the word ‘injury,’ indicating that nondischargeability takes a deliberate
A struggling real estate developer decided to do some asset-planning and transferred his partial interest in two properties to his wife as tenancy-by-the-entirety.[1] Three years later, he filed for chapter 7 bankruptcy and claimed the two properties as exempt under 11 U.S.C.
At what point does the policy of bankruptcy, a discharge that strongly favors the honest-but-unfortunate individual debtor, yield to creditor protections from fraudulent debtor behavior? This is a question the Supreme Court recently considered in its decision in Lamar, Archer & Cofrin LLP v. Appling.[1]
Bankruptcy Code § 707(a) provides that a chapter 7 case may be dismissed “for cause,” including for (1) unreasonable delay, (2) nonpayment of fees or (3) failure to timely file certain information. However, “cause” is not defined, and the statutory examples are illustrative, not exhaustive. Currently, there is a circuit split as to whether bad faith can be “cause.”
The City of Chicago is finding itself entangled in a set of legal issues surrounding the Bankruptcy Code and the enforcement of parking tickets through civil fines, impoundment and license suspension. The interplay of Chicago parking ticket debt and consumer bankruptcy is making for a fascinating legal showdown.
