DelCotto Law Group Files Majority of Chapter 11s

DelCotto Law Group Files Majority of Chapter 11’s In 2015, DelCotto Law Group PLLC filed nearly sixty percent[1] of all Chapter 11 bankruptcy cases filed in the Eastern District of Kentucky.  This is an increase from 2014 when the firm filed nearly forty percent[2] of all Chapter 11 cases in the Eastern

Read More

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

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 elements by a

Read More

Appointment of Interim Trustees In Involuntary Bankruptcy Cases

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 “extreme remedy with

Read More

Bankruptcy Rule 9037: Redaction Issues in Bankruptcy

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 creditor inadvertently

Read More
Sara Johnston

DelCotto Law Group Welcomes Associate, Sara Johnston

DelCotto Law Group PLLC is pleased to announce the addition of associate Sara A. Johnston to the firm’s Lexington office. Sara received her law degree from the University Of Kentucky College Of Law, and her bachelor’s degree, summa cum laude, from Auburn University. Sara will concentrate her practice on consumer,

Read More
Magnum Hunter Resources Oil & Gas Co. files for Bankruptcy

Another Texas Oil Company Goes Under

When it comes to restructuring finances under the looming shadow of bankruptcy, there’s a lot of pressure to exit bankruptcy as soon as possible. This requires a knowledgeable counsel that can represent the debtor firmly. Over 37 North American oil producers have filed a Chapter 11 in 2015. With the recent

Read More

Equitable Subordination and Recharacterization

The doctrine of equitable subordination is based upon principles of equity, and allows a court to subordinate the claim of one creditor to the claims of other creditors. Section 510(c) of the Bankruptcy Code addresses equitable subordination of claims filed in bankruptcy cases. Subsection (c)(1) states “Notwithstanding subsections (a) and

Read More