In 2005, Respondent ASARCO, a copper mining company, filed for bankruptcy protection under Chapter 11 of the federal Bankruptcy Code (the “Code”) due to mounting cash-flow and litigation problems. In re ASARCO, 751 F.3d 291, 293 (5th Cir. 2014). Prior...
bankruptcy
(LIIBULLETIN preview)
In 2013, Respondents David Caulkett and Edelmiro Toledo-Cardona (collectively, “the borrowers” or “Caulkett and Toledo-Cardona”) each filed a petition for chapter 7 bankruptcy in the United States Bankruptcy Court for the Middle District of Florida (“...
(Wex page)
Overview:
Bankruptcy law provides for the reduction or elimination of certain debts, and can provide a timeline for the repayment of nondischargeable debts over time. It also permits individuals and organizations to repay secured debt....
(Wex page)
Bankruptcy fraud is a white-collar crime that commonly takes four general forms:
A debtor conceals assets to avoid having to forfeit them. An individual intentionally files false or incomplete forms. Including false information on a... (LIIBULLETIN preview)
Kate Bartenwerfer and her then-boyfriend, David Bartenwerfer, bought a house in San Francisco, CA with the intent to remodel it. In re Bartenwerfer, 596 B.R. 675, 677 (Bankr. N.D. Cal. 2019). Neither Mr. nor Mrs. Bartenwerfer had a contracting license...
(LIIBULLETIN preview (pre-2014))
Issue(s)
What is the definition of “defalcation” under § 523(a)(4) of the Bankruptcy Code?
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FactsIn 2009, Randy Bullock filed for bankruptcy in the United States Bankruptcy Court for the Northern...
(LIIBULLETIN preview)
The petitioners, Central Virginia Community College, Virginia Military Institute ("VMI"), New River Community College, and Blue Ridge Community College ("the Virginia Institutions") are public, higher education...
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In 2016, Petitioner City of Chicago (“Chicago”) amended its municipal code so that “[a]ny vehicle impounded by [Chicago] or its designee shall be subject to a possessory lien in favor of [Chicago] in the amount required to obtain release of the vehicle...
(LIIBULLETIN preview (pre-2014))
Facts
Ruth Heffron established an Individual Retirement Account (“IRA”) and designated her daughter, Petitioner Heidi Heffron-Clark, as the sole beneficiary. See In re Clark, 714 F.3d 559, 560. When Ruth died in September 2001, the account, worth...
(LIIBULLETIN preview)
Consolidated with Travelers Indemnity Company et al. v. Bailey, et al. (08-295).