A recent decision from the U.S. District Court from the Northern District of Texas (Dallas Division) holds that Section 526(a)(4) of the amended Bankruptcy Code violates an attorney’s First Amendment rights. The case is Hersch v. U.S., Civil action 05-2330. Judge David Godbey wrote the opinion.

In 2005, Congress enacted the Bankruptcy Abuse Prevention [...]

As most of us know, filings are down generally and, for those of us who work primarily in the reorganization process, they are at a 6 year low. In reviewing the Table F-2 U.S. Bankruptcy Courts Business and Nonbusiness Bankruptcy Cases Commenced, by Chapter of the Bankruptcy Code, During the Three Month Period Ended [...]

Employees of a court-reporting company located in Washington D.C., “The Miller Reporting Co., Inc., who filed an involuntary bankruptcy petition seeking $12,000.00 in unpaid wages have now been paid and have asked the Court to drop the case. This company has been in business since 1960 and has transcribed the official business of congressional [...]

A recent 5th Circuit opinion (issued July 20, 2006) has determined that an individual debtor who was able to obtain a job after filing chapter 7 will have to account for that new income in a 707(b) motion to dismiss for substantial abuse. In this case, there was no finding by the bankruptcy court [...]

Ford is in the 6th month of its turnaround plan, but mainly due to falling sales of trucks, this plan needs revision to accommodate falling revenue.

“Analysts at Ford began paying particular attention to monthly sales of pickups after industrywide pickup sales fell 6% in April. It was a crucial development.

Gas prices had been [...]

Many consumers are being surprised by what is becoming known as ‘zombie debt’ showing up on their credit reports. This negative mark can cause serious damage to a credit score and is often an illegal tactic used by debt collectors. A zombie debt can possibly prevent you from qualifying to buy a house, [...]

In a recent case, the First Circuit Court of Appeals has ruled that a debtor, a co-owner of real property, can remove a taxing authority’s lien on the totality of the jointly owned land by confirmation of his chapter 13 plan. In this case, the Court focused on Mass. law which allows one lien [...]

A recent article in Forbes provides a national overview of the increases in home foreclosures. Included in this article are “spotlights” on cities with most foreclosures per household (D/FW, Houston and San Antonio all make that national listing) and another which lists the largest increases in the number of foreclosures (several California cities rank [...]

There is a new bill pending in Congress concerning tolling and the judiciary. H.R. 3729, introduced by Rep. Sensenbrenner, would provide for tolling in District Courts in the event of natural disaster or other emergency situations requiring the closure of courts or where it would be rendered impracticable for the U.S. Government or a [...]

Texas state regulators have taken over and began making plans to liquidate the state’s sixth-largest home insurance company after failing to find a buyer. The Department of Insurance will be canceling Texas Selects Lloyds, a subsidiary of Alabama based Vesta Insurance Group, polices by August 23, 2006. The Department of Insurance said [...]