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July 2015 - DelCotto Law Group

Administrative Expense Claims, bankruptcy, sixth circuit, court

Sixth Circuit: Administrative Expense Claims Standard

July 28, 2015
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By requesting payment of an administrative expense claim, the movant has the burden of proof and must demonstrate that the expenses were “reasonable, necessary and benefited the estate.” In re Cook & Sons Mining, Inc., 2005 U.S. Dist. LEXIS 21615 (E.D. Ky. Sept. 28, 2005). The […]

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automatic stay, exceptions, police power, government

Automatic Stay: Police Power Exception

July 16, 2015
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Police or Regulatory Power Exception to Automatic Stay

The automatic stay is one of the fundamental debtor protections provided by the bankruptcy laws.   It permits the debtor to attempt a repayment or reorganization plan, or simply to be relieved of the financial pressures that drove it […]

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Automatic stay, extend, non-debtor, non-bankrupt parties

Extending Automatic Stay to Non-Debtors

July 14, 2015
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A bankruptcy lawyer’s overview for automatic stay for non-bankrupt parties

 

Bankruptcy courts have the authority to extend the automatic stay to non-bankrupt parties, under limited circumstances. Bankr.Code, 11 U.S.C.A. §§ 105(a), 362(a).  Section 105 (a) of the […]

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Social Security Income in Bankruptcy (2)

Social Security Income in Bankruptcy

July 9, 2015
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Bankruptcy courts are an arena where you can see the intersection of the aging of our population and a failure to save sufficiently for retirement.  Even if retirement-age individuals want to continue working to supplement their income, jobs can be hard to come by.  We see an […]

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