Molleur Law Blog
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Accuracy of Property Valuation
Posted on 10/11/2006 at 12:00 am | Viewed 516 times
Bankruptcy Article #20
Hannigan v. White, 1st Circuit Court of Appeals
Decided on June 2, 2005
The First Circuit held that the bankruptcy court was entitled to determine that a debtor, who intentional undervalued his property, could not later amend his
Payment Demanded for Vehicle in Bankruptcy
Posted on 09/04/2006 at 05:42 pm | Viewed 958 times
Bankruptcy Article #19
Update- September 1, 2006
On September 1, 2006, the First Circuit Court of Appeals reversed the Maine Bankruptcy Court decision in Pratt v. GMAC.
This is one of the most significant decisions in consumer bankruptcy in recent years, and represents a recognition by the
Automatic Stay Violations
Posted on 05/31/2006 at 05:34 pm | Viewed 3,083 times
Bankruptcy Article #14
11 U.S.C. Section 362 of the Bankruptcy Code, otherwise known as the "Automatic Stay" is perhaps the most well known section in the Code. The Stay comes into play in every bankruptcy case at the moment the bankruptcy petition is filed with the Court Clerk's office. Section 362(a) delineates the types of
Requirements of a Chapter 13 Plan
Posted on 02/05/2006 at 05:33 pm | Viewed 1,710 times
Bankruptcy Article #13
Eligibility, Feasibility and Good Faith
Three key components to a Chapter 13 plan are eligibility (whether a debtor is entitled to file a Chapter 13 under the limitations set forth in Section 109(e), feasibility (whether a debtor can fund a payment plan which complies with Section 1322 and 1325),
Preferential Transfers
Posted on 02/04/2006 at 05:29 pm | Viewed 989 times
Bankruptcy Article #11
Preferences, under the Bankruptcy Code, are transfers of property of the debtor which are avoidable (or reversible), if they are:
- to or for the benefit of a creditor;
- for or on account of an antecedent debt owed by the debtor before the transfer was made;
- made while the
Fraudulent Transfers
Posted on 02/03/2006 at 05:27 pm | Viewed 986 times
Bankruptcy Article #10
Transfers of property are deemed fraudulent if the transfers are incurred with the actual intent to hinder, delay, or defraud a creditor, or if less than reasonably equivalent value is given in exchange for the transfer and the debtor was insolvent at the time of the transfer. See 11 U.S.C. Section 548(a).
IRA/Retirement Exemptions
Posted on 05/23/2005 at 05:40 pm | Viewed 767 times
Bankruptcy Article #17
Rousey v. Jacoway, U.S. Supreme Court.
Decision dated April 4, 2005
The Supreme Court determined that in individual’s IRA was exempt under federal exemption laws when that individual files bankruptcy. Before this decision, most courts had concluded that IRAs were available
Parochial School Not Exempt
Posted on 04/26/2005 at 05:41 pm | Viewed 715 times
Bankruptcy Article #18
Watson v. Boyajian, First Circuit Court of Appeals
Decision dated March 25, 2005
The Watsons had minor children who attended a parochial school. The Watsons filed a Chapter 13 case and proposed to continue paying for parochial school for their children while also proposing a
Discharge of Student Loans
Posted on 01/24/2005 at 05:22 pm | Viewed 1,937 times
Bankruptcy Article #6
"Undue Hardship" is Mitigated by Partner's Income
Lorenz v. American Educational Services
Update: 2/1/2006
The First Circuit Bankruptcy Appellate Panel reversed a Bankrutpcy Court decision which had granted an undue
Bankruptcy and Divorce
Posted on 09/03/2004 at 12:00 am | Viewed 1,675 times
There are many issues of law that can be explored in the intersection between bankruptcy law and divorce law. The purpose of this article is to summarize the state of the law regarding some of the most prominent issues that appear in consumer cases.
- The effect of a divorce judgment on the division of marital
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Why should you choose Molleur Law Office?
- 05/01/12 - Jim Molleur Attends 20th Annual NACBA Conference
- 03/16/12 - Chapter 13 Frequently Asked Questions
- 03/11/12 - Bopp Stark Advocates For Homeowners’ Rights To Highest Court In Maine
- 03/11/12 - Recent Bankruptcy Court/Divorce Court Decisions
- 01/12/12 - Sambatakos, Stark, and Hayden Become Members of Molleur Law Office
- 11/27/11 - Current on Student Loan Payments, But Having a Hard Time?
- 11/27/11 - Hayden and Stark Attend Fall Bankruptcy Conferences
- 07/24/11 - Supreme Court Restricts Bankruptcy Court Authority
- 06/06/11 - Bankruptcy Court Rules on Discharge Injunction Violation
- 02/01/11 - Supreme Court Rules on Means Test
- 01/10/11 - Comprehensive Foreclosure Defense
- 12/03/10 - Sambatakos elected to Habitat Board
- 10/22/10 - Molleur Law Office Represents Maine Homeowners in Federal Lawsuit Against First American Title Insurance Company
- 10/04/10 - Molleur Law's Efforts Lead to Halt in GMAC Foreclosures
- 10/01/10 - Maine Court Finds Affidavit Filed in Bad Faith and Vacates Summary Judgment Order in Foreclosure
- 09/02/10 - MLO Works With Habitat for Humanity
- 07/13/10 - Maine Court Foreclosure Diversion Program
- 06/28/10 - Supreme Court Decides Two Cases
- 05/31/10 - MLO Opens Portland Office
- 05/22/10 - Molleur and Sambatakos Attend NACBA
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