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Kevin M. LaCroix
Business Related Bankruptcy Filings Levels Remain High

Bankruptcy filings overall rose by 20 percent in the twelve-month period ending on June 30, 2010, according to information released on August 17, 2010 by the Administrative Office of the U.S. Courts. Though this filing surge was largely driven by non...

Stephen Sather
Bad News for the Non-Filing Spouse

Frequently it makes sense for only one spouse to file bankruptcy. Where the husband has wracked up large business debts in his name only and the wife has significant separate property or sole management property, the husband can file bankruptcy without...

Stephen Sather
Seventh Circuit Upholds Attorney's Bankruptcy Fraud Conviction

Circuit level opinions dealing with bankruptcy fraud are none too common, so that when one appears, it is worth taking note. This week, the Seventh Circuit affirmed the conviction of attorney Thomas O'Connell Holstein on nine counts of bankruptcy...

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Stephen Sather
Judge Isgur Takes on the 'Absolute' Assignment of Rents

The absolute assignment of rents was a trendy lender's argument during the 1980s. The lender could claim that its loan documents granted it ownership of the rents to be received by the debtor. The lender would magnanimously allow the debtor to use...

Kenneth Klee
The Supreme Court's Holding in Schwab v. Reilly, 2010 U.S. LEXIS 4974 (2010)

This Emerging Issues Analysis addresses issues of statutory interpretation. Prof. Kenneth Klee examines the primary lesson from from Schwab v. Reilly. Prof. Klee writes: If a statute contains a detailed definition of a term or concept that can have...

Stephen Sather
All About Emails, Texts, Blogs and Non-Dischargeability

On February 3, 2010, Judge Jeff Bohm released his opinion in Wallace v. Perry , 423 B.R. 215 (Bankr. S.D. Tex. 2/3/10), opinion available with PACER access here . Following a twelve day trial, the court penned a 118 page opinion. The opinion is an interesting...