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Kentucky law Archives - DelCotto Law Group

Marijuana Smoke in Bankruptcy Court?

Marijuana Industry/Assets Barred from Bankruptcy Relief

May 2, 2017
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The Office of the United States Trustee (the “UST”), an arm of the U.S. Department of Justice, just issued a one-page “reminder” letter to all chapter 7 and chapter 13 trustees nationwide: NO MARIJUANA IN BANKRUPTCY. You may read it here, it’s short and to […]

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Kentucky’s ‘At The Well’ Rule for Determining Royalties Owed Under an Oil and Gas Lease

March 15, 2016
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KENTUCKY’S “AT THE WELL” RULE FOR
DETERMINING ROYALTIES OWED UNDER AN OIL AND GAS LEASE.[1]
By:  Michael J. Gartland (Copyright 2016 ©)
 

Royalty defined.

Every oil and gas lease provides for a royalty to the landowner/lessor.  A […]

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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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prejudgment attachments in kentucky

Prejudgment Attachment in Kentucky

March 17, 2015
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PreJudgment Attachment in Kentucky

By: Jamie L. Harris, Esq.

In Kentucky, in order to obtain a prejudgment attachment, the plaintiff must comply with the requirements of KRS 425.301 et seq.to justify attachment. Under KRS § 425.301(3), before an order of attachment shall issue […]

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