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:

  1. to or for the benefit of a creditor;
  2. for or on account of an antecedent debt owed by the debtor before the transfer was made;
  3. 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.

  1. The effect of a divorce judgment on the division of marital
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