Over the past
several years, chapter 13 debtors have used the Fair Debt Collection Practices
Act (FDCPA) as a tool to challenge debt buyers who file massive numbers of
proofs of claim for debt for which the statute of limitations has run. In
Midland Funding v. Johnson, the Supreme Court held that filing a proof of claim
for time-barred debt does not violate the FDCPA.
Summary:
Trustee Gold requested a trustee commission, pursuant to 11 U.S.C. § 330(a)(7), based on the percentages set forth in § 326(a), of $17,254.61.
Abstract:
Most individual debtors file for bankruptcy relief with honest intentions. Nonetheless, there is also an underside to the American bankruptcy law system that often goes unreported and ignored in the scholarly literature, namely, the commission of fraud by debtors who seek protection under the Bankruptcy Code. One of the ways in which fraud upon the bankruptcy system occurs is when debtors intentionally conceal assets from the bankruptcy process.
Summary:
This is another in the serious of the Inside the Minds books from Aspatore Books, here attempting to provide perspective from experienced Chapter 7 and Chapter 13 Trustees on how to administer consumer bankruptcy cases.
Summary:
The former officers of EBW Laser, Inc., which has been the subject of a fair bit of litigation in its bankruptcy in the Middle District of North Carolina, brought a complaint against the Chapter 7 Trustee’s law firm and several individual attorneys at the law firm, as well as the accountant for EBW Laser, as they allegedly improperly obtained the officers’ tax return in an attempt to show preferential transfers and/or fraudulent conveyances. The case was originally brought in state court, but then removed by the Defendants to federal district court, where, foll
Summary:
In foreclosing on a Deed of Trust, the Trustee was paid costs and expenses consisting of a commission, pursuant to N.C.G.S. § 45-21.15(a), of 5% of the highest bid and Trustee's attorneys fees of 15% of the outstanding promissory note on which behalf he was acting. This resulted in third lien-holder receiving only partial payment and the fourth lien-holder receiving nothing. The third lien-holder filed a motion with the Clerk of Superior Court arguing that under N.C.G.S.
