Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
By therecorder | The Recorder | August 21, 2017
9th Cir. B.A.P.; 16-1227 The Bankruptcy Appellate Panel affirmed a judgment. The court held that the expiration of a debtor’s right to redeem tax-defaulted…
By Rudolph J. Di Massa Jr. and Catherine B. Heitzenrater | August 17, 2017
Whether a claimant is entitled to an administrative expense claim, or simply a prepetition claim, can mean the difference between full payment of the claim and the recovery of only pennies on the dollar. Accordingly, a significant amount of litigation in bankruptcy cases centers around the priority status to which certain claims are entitled. The U.S. Bankruptcy Court for the Northern District of Illinois has recently issued a decision granting priority status to claimants seeking damages for violation of the Worker Adjustment and Retraining Notification Act (the WARN Act). Given the significant liability that debtors could face under the WARN Act, this decision is relevant to all bankruptcy practitioners.
By njlawjournal | New Jersey Law Journal | August 17, 2017
Property Purchased through Bankruptcy Asset Sale Was Not Excused from Chapter 91 Requirements
By therecorder | The Recorder | August 16, 2017
9th Cir.; 15-35484 The court of appeals dismissed an appeal. The court held that a district court order vacating the bankruptcy court’s confirmation…
By therecorder | The Recorder | August 15, 2017
9th Cir.; 12-60068 The court of appeals reversed a judgment of the Ninth Circuit Bankruptcy Appellate Panel and remanded. The court held that a bankruptcy…
By therecorder | The Recorder | August 14, 2017
9th Cir. B.A.P.; 15-1010 The Bankruptcy Appellate Panel affirmed a judgment. The court held that the commingling of the debtor’s finances with…
By therecorder | The Recorder | August 14, 2017
9th Cir. B.A.P.; 15-1238 The Bankruptcy Appellate Panel affirmed a bankruptcy court order. The court held that the bankruptcy court did not abuse its…
By Nicole E. Schiavo | August 11, 2017
Nicole E. Schiavo discusses the conflict between New York's legislation requiring mandatory settlement conferences in foreclosure actions and the Bankruptcy Code's prohibition against a creditor taking any act that can be construed as trying to collect a discharged debt from a debtor. Thus, if a foreclosure action is commenced against a borrower who previously received a discharge on their mortgage loan debt, the lender is left with a "Catch 22": comply with the CPLR and risk violating the Discharge Injunction, or vice versa.
By Brian Baxter | August 10, 2017
Japanese auto parts giant Takata Corp., which followed its U.S. unit into a Delaware bankruptcy court this week, revealed in court documents that it is paying nearly $1 million per month in legal fees to an Am Law 100 firm advising it in product liability litigation over faulty air bags.
By TOM McPARLAND | August 9, 2017
UCF I Trust 1 and a trustee claim the law firm misrepresented the ownership interest of the borrower, which enticed the trust to issue the loan.
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