Administrative Expense Claims, bankruptcy, sixth circuit, court

Sixth Circuit: Administrative Expense Claims Standard

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 Sixth Circuit normally utilizes

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automatic stay, exceptions, police power, government

Automatic Stay: Police Power Exception

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 into bankruptcy. When

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

Extending Automatic Stay to Non-Debtors

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 Bankruptcy Code states as follows:  “The court may issue any order, process,

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Social Security Income in Bankruptcy

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 increase in older

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student loan lawsuit

Robo-signing 2.0: Student Loan Collection

Once again, lenders are suing consumers without verification and knowledge of the fundamentals, like who owes how much and to whom.  Residential mortgage market crisis, round 2. Since 2007, the federal student loan balance has more than doubled, to almost $1.2 trillion from $516 billion.  That figure doesn’t include the

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