Can Judgments Be Included In Bankruptcy

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The State

Justice Department, Tuomey Healthcare seek settlement in $239 million false ... 10/01/15, via The State

Tuomey, meanwhile, had been negotiating a deal with the Justice Department aimed at reducing the judgment. Tuomey has said it will file for bankruptcy if the judgment, rendered in 2013 and upheld last year by a federal appeals court, is not reduced, 

The Legal Intelligencer

Bankruptcy Plans Go Up in Smoke: Marijuana Grower Denied Relief 10/01/15, via The Legal Intelligencer

Recently, the issue was presented whether marijuana producers, fully licensed and in compliance with all laws of the state of Colorado, could avail themselves of the federal courts by filing for bankruptcy. In a decision rendered by the The couple

The Bankrupt Person on the Day of Judgement

The Prophet once asked his Companions, "Do you know who is the bankrupt. " The Companions said, "A bankrupt is the one who has neither dirham (money).


How to File for Chapter 7 Bankruptcy

How to File for Chapter 7 Bankruptcy

Published by Nolo 2013

ISBN 9781413319385,1413319386
448 pages

File bankruptcy and find debt relief with this all in one book! When you have more debt than you can possibly pay off, the bankruptcy system is there to help and with How to File for Chapter 7 Bankruptcy, you'll find the clear and user friendly information, advice and forms you need to get through the entire process. If you're considering bankruptcy, the reliable, up to date information in How to File for Chapter 7 Bankruptcy will help you successfully complete your bankruptcy claim without breaking the bank. First, you'll find out how to determine whether you qualify for Chapter 7 and whether it's the best way to deal with your debts. Then you'll find out how to: - stop wage garnishments and attachments - fill out and file all the forms - cancel as much debt as possible - deal with...

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When It is Fair: Recent Circuit Court Decisions On Equitable Mootness

Generally, once a plan of reorganization is confirmed and substantially consummated, an appellate court will not “unscramble the egg” and grant appellate relief if doing so would harm third parties that relied on the confirmation order. Almost 20 years ago, the Third Circuit Court of Appeals articulated the doctrine of equitable mootness to address this scenario. Equitable mootness is “a judge-made abstention doctrine that allows a court to avoid hearing the merits of a bankruptcy appeal of a confirmation order because implementing the requested relief would cause havoc. ” Recently, the Third and Ninth Circuits helped clarify the application and scope of the equitable mootness doctrine and found that not all substantially consummated plans are protected by the equitable mootness doctrine. In In re One2One Communications, LLC , the debtor was sued by the appellant, which held the single largest claim against the debtor. After the debtor’s fourth bite at the confirmation apple and following a five-day confirmation hearing, the Bankruptcy Court, over the objection of the appellant, entered the confirmation order. Appellant appealed and moved for a stay pending appeal, which was denied. Without reaching the merits of the confirmation order, the District Court dismissed the appeal on the grounds of equitable mootness. The Third Court outlined five previously established factors for determining whether an appeal is equitably moot:. the public policy of affording finality to bankruptcy judgments. The debtor in One2One presented a fairly straightforward plan involving a $200,000 investment in the reorganized debtor. one secured creditor that held a blanket lien on the debtor’s assets for less than $100,000. 17 unsecured creditors, not including insiders. Given the simple transaction contemplated under the plan, the Court recognized that there had been no evidence that the plan would be difficult to unravel, that third-party reliance on the plan was anything other than minimal or that any third... Accordingly, the Third Circuit held that equitable mootness did not apply, and remanded the matter back to the District Court for consideration of the merits of the appeal. Further, the Third Circuit cautioned that the equitable mootness doctrine must be narrowly construed and should apply only in complex bankruptcy cases where the appealing party should have acted (but did not) before the plan became difficult to... In In re Tribune Media Company Tribune , two creditors appealed the order confirming the plan of the Tribune Company (of Chicago Tribune and Los Angeles Times fame). One creditor (Litigation Creditor) sought to undo the litigation settlement that was a crucial component of the consummated plan. the other creditor (Intercreditor Creditor) sought to enforce rights as between two creditor classes under the plan. The District Court dismissed both appeals as being equitably moot. The Third Court consolidated the five-factor test it recognized in One2One , succinctly explaining that the analysis should revolve around:. whether a confirmed plan has been substantially consummated. if so, whether granting the relief requested in the appeal will fatally scramble the plan and/or significantly harm third parties who have justifiably relied on the plan’s confirmation. In contrast to One2One , the Tribune plan was complex involving $7. 5 billion, thousands of creditors and a global settlement of a multi-billion dollar leveraged buyout litigation. The plan had been substantially consummated (i. e. , the first requirement was satisfied), and as a result, the Court’s analysis was limited to whether the relief sought would “fatally scramble the plan. As to the Litigation Creditor, the Court noted that the litigation settlement was “a central issue in the formulation of a plan of reorganization” such that granting the appeal would undermine the associated settlements and transactions, and would... ” Because of its detrimental impact to the plan and third parties, the Court relied on equitable mootness to sustain the dismissal of the Litigation Creditor’s appeal.

Source: LXBN

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Bankruptcy Plans Go Up in Smoke: Marijuana Grower Denied Relief - 10/02/15, via

The couple brought an eviction action against DPG that resulted in a judgment against the ... while "cause" is not defined in the Bankruptcy Code, it is within the court's discretion. A court's analysis should include possible prejudice that dismissal ...

38 Studios figure Michael Corso settles for $45K in bankruptcy court - 10/01/15, via WPRI

PROVIDENCE, R.I. (WPRI) – Michael Corso, a Providence attorney and ally to former House Speaker Gordon Fox, has agreed to a $45,000 settlement with the trustee handling the 38 Studios bankruptcy ... of collection upon any judgment in light of Corso ...

The Examiners: It’s Bad Public Policy to Empower Holdout Bondholders - 10/01/15, via The Wall Street Journal

While companies aim to achieve consensus in out-of-court transactions, it’s understood that a deal can be struck with “required lenders.” Depending on the intercreditor acknowledgments and consents included ... debt outside of bankruptcy court ...


  1. Can Judgments Be Included in a Chapter 7 Bankruptcy? | eHow Can Judgments Be Included in a Chapter 7 Bankruptcy?. ... Consumer Bankruptcy Law; Can Judgments Be Included in a Chapter 7 ... Can Civil Judgments Be Included Under ...
  2. Lawsuit Judgments Discharged by Bankruptcy - ... filing for bankruptcy relief will discharge most of your debts including lawsuit judgments. ... bankruptcy can stop the ... a bankruptcy discharge, ...
  3. Will Bankruptcy Get Rid of Lawsuit Judgments? | Will Bankruptcy Get Rid of Lawsuit Judgments? Find out if you can wipe out a lawsuit judgment in bankruptcy and what ... of the judgment lien in your bankruptcy.
Worcester Combined Bankruptcy Court Information
Worcester Combined Bankruptcy Court Information
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... following, but additional services can be added to suit your needs
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