The Last Word: Jurisdiction. Bankruptcy Courts Have Jurisdiction To Determine Property of the Bankruptcy Estate and State Law Exemptions
Even after years of state court litigation and collection efforts, a bankruptcy court, rather than the state trial court, may be the ultimate arbiter of a judgment debtor’s claims of exemption. At least that is the law in the 11th Circuit after the decision in The...
Focus on Disinterestedness— All Debtors Should Have the Same Opportunities to Hire Professionals that Subchapter V Debtors Enjoy
Chapter 11 Subchapter V was enacted just before Covid-19 wracked the world. One of its notable provision is 11 U.S.C. § 1195: Notwithstanding section 327(a) of this title, a person is not disqualified for employment under section 327 of this title, by a debtor solely...
Don’t Be A Victim Twice: 11 U.S.C. § 1328(A)(4) and 11 U.S.C. § 523 (A)(6).
At times, justice is a daunting concept for victims. As the title suggests, the aggrieved, the victim, or a person hurt, damaged or otherwise had a life changing event might get a judgment (criminal or civil) but what happens if that responsible person does not pay or...
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