The 9th Circuit Court of Appeals (not the BAP) issued an interesting opinion yesterday approving a post-petition lender’s stipulations restricting a debtor’s use of the loan proceeds. The heart of the problem on appeal was a stipulation which provided that $888,469 of the $5.7 million in Comerica’s loaned funds was earmarked for the trustee’s [...]

A. Pending Bills to Extend Effective Date

Here’s a bit more information about the possible postponement. There could possibly be other bills floating around, but these seem to be the ones people are talking about.

H.R.3662, which would delay the effective date of the revised Bankruptcy Code for two years for everyone nationwide, was introduced on September [...]

Here is a great link to information relating to resident agents across the U.S.. This will be extremely useful to litigators attempting service on corporations. This link will be made a part of our firm’s websites’ legal links (click on “Bankruptcy Links” above to view those.)

http://www.residentagentinfo.com

Mike

Many survivors of Hurricane Katrina have been left homeless and jobless and as the recovery progresses, may find that the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, scheduled to take effect on October 17, 2005, may have negative impacts on their ability to obtain a fresh start.

As you can tell from previous entries [...]

Here are some recent usage stat’s on the blog:

August recorded our highest usage since we began the blog in February. Although we have been trending up in usage, August’s number of separate visitors was double the month before — with 712 separate visitors, 8,525 hits.

We have had hits from 24 countries — [...]

Here is an interesting article on a web site evidently prepared and maintained by an individual unrelated to the litigation which is the subject of the site. The suit involves freeware. The person who set up the web site feels that the suit is important to everyone who benefits from the free sharing [...]

In a recent opinion issued by the 9th Circuit Bankruptcy Appellate Panel, the court held that a creditor’s abstract of judgment was null and void because it did not include the judgment debtor’s social security number. This harsh result was based on a California law. The California statute in question, California Code of [...]

Happily, here is an article which indicates that certain lenders are being “encouraged” to give breaks to those affected by the hurricane and flooding on the gulf coast. Here is the link to the article in CNN Money:

http://money.cnn.com/2005/09/07/pf/katrina_financial_relief/index.htm

Mike

Many survivors of Hurricane Katrina have been left homeless and jobless and as the recovery progresses, may find that the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, scheduled to take effect on October 17, 2005, may have negative impacts on their ability to obtain a fresh start.

As you can tell from previous entries [...]

On September 22-23, 2005, in Houston, Texas and September 29-30, 2005, in Dallas, Texas, J. Michael McBride will be speaking on the subject: Recent Changes to the Bankruptcy Code. His talk will be part of a seminar entitled “Advising Mid-Sized Corporations” sponsored by the University of Houston Law Foundation.

Click on the [...]