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Tag Archives: U.S. Bankruptcy Court

Ex-husband gets homestead exemption in real estate proceeds (access required)

Where a divorcing couple intended to turn a tenancy-by-the-entireties in their home into a tenancy-in-common in the proceeds once they sold it, the ex-husband can claim a homestead exemption in his portion of the proceeds. Background Phillip Roadcap is a ...

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Debtor did not show student debt constituted “undue hardship” (access required)

A woman seeking to discharge her student loans failed to provide evidence that repayment of her debt would cause an “undue hardship.” Background On Nov. 13, 2011, Wanda Lipscomb Menefee and her husband, Frank Hoehl Menefee, Jr., filed a voluntary ...

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Debtor’s ‘slovenly’ habits exempted debt from discharge (access required)

A tenant with “slovenly living habits” who knowingly, deliberately and intentionally caused damage to his landlord’s property was not entitled to discharge the majority portion of debt caused by his conduct. Background In Aug. 2013, the debtors signed a one-year ...

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Bankr: Award reduced for excessive billing, duplicative suits (access required)

A bankruptcy court awarded some fees incurred to recover the debtor’s wrongly garnished wages, but said that counsel should have resolved the issue in the bankruptcy proceeding rather than filing two additional adversary suits. Further, especially in light of quarter-hour ...

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Bankr.: Company, attorneys sanctioned for bankruptcy scam (access required)

This case involves yet another collision between traditional methods of providing – and policing – legal services to consumers for bankruptcy matters and attempts by attorneys and creative online marketers to tap into that market on a high-volume, multi-jurisdictional basis. ...

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Lawyer-landlord fined $5K for bankruptcy stay violation (access required)

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An Alexandria lawyer who pursued collection efforts after a tenant filed for bankruptcy has been hit with $5,000 in punitive damages for what the judge labeled “flagrant violations” of legal protections for debtors. U.S. Bankruptcy Judge Kevin R. Huennekens said ...

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