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January 2016 - DelCotto Law Group

Collateral Estoppel In Bankruptcy Proceedings- Overview | DelCotto Law Group PLLC

January 20, 2016
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Collateral estoppel applies in bankruptcy proceedings.

See Grogan v. Garner, 498 U.S. 279, 284, 111 S.Ct. 654, 112 L.Ed.2d 755 (1991) (A bankruptcy court may properly give collateral estoppel effect to those elements of the claim that are identical to the elements […]

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EXCEPTIONS TO DISCHARGE: 11 U.S.C. § 523(a)(4)

January 18, 2016
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Nondischargeability under § 523(a)(4) requires that the underlying debt was obtained in one of three ways: by embezzlement, by larceny, or by fraud or defalcation while acting in a fiduciary capacity. As the party seeking a determination of nondischargeability, the plaintiff bears the burden of proving all […]

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Appointment of Interim Trustees In Involuntary Bankruptcy Cases

January 16, 2016
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Involuntary bankruptcy filings are rare. This fact reflects the current understanding that the principal purpose of the Bankruptcy Code is to grant a fresh start to the honest, but unfortunate debtor. Marrama v. Citizens Bank of Massachusetts, 549 U.S. 365, 367 (2007). An involuntary petition is an […]

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Bankruptcy Rule 9037: Redaction Issues in Bankruptcy

January 7, 2016
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Bankruptcy Rule 9037 requires that personal identification information defined as individuals’ Social Security and taxpayer identification numbers, names of minor children, last four digits of financial account numbers, and dates of birth, be redacted from documents filed with the court. This requirement includes proofs of claims.  If a […]

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