July 13, 2006
The 3rd Circuit has ruled the military equivalent of a student is not dischargeable. A former student of the Air Force Academy challenged the debt repayment for his education after leaving the Academy without completing courses or his debt of service to the armed forces.
The cost of the education then became due, although not typically considered to be a student loan.
The 3rd Circuit treated the loan as one that fit the plain language of non-dischargeable debts under the code as being a debt
“for an educational benefit overpayment or loan made, insured, or guaranteed by a government unit, or made under any program funded in whole or in part by a governmental unit or nonprofit institution, or for an obligation to repay funds received as an educational benefit, scholarship or stipend, unless excepting such debt from discharge under this paragraph will impose an undue hardship on the debtor and the debtor’s dependents”
June 23, 2006
Stephen Yagman, a civil rights attorney in Los Angeles, has been indicted on bankruptcy fraud charges. The lawyer has filed many civil rights suits including suits against the Los Angeles County Sheriffs Office.
June 23, 2006
Eliot Spitzer has sued several New York debt collectors for abusive debt collection. Read the full story at Bill McLeod's Law Blog – Mcleod Law Offices, P.C.- Massachusetts Bankruptcy, Employment Law and Fair Debt Collection Practices Attorneys in Boston
The suit alleges that the Boyajian companies (1) used dunning letters and falsely stated or implied that they came from attorneys; (2) falsely accused debtors of criminal activity, and threatened debtors with arrest; and (3) failed to supply verification of the debt when requested to do so.
In addition, they were apparently trying to collect on bad checks which were more than 6 years old – and in New York, the statute of limitations for bringing such a claim is 6 years. According to a report here the outfits were apparently collecting checks made payable to Ames and Bradlees, two retailers than have long since been out of business.
Goldman Sachs has hired James H. M. Sprayregen, from Kirkland and Ellis to run its restructuring practice. What does this mean to the rest of world?
Not alot unless you’re a bankruptcy and you want to use his new salary to make you feel inferior… or it means a ton if you are financial market analyst.
The hiring should be a sign of the times that the corporate bankruptcies are going to start flying. With market roller coaster rides like we’ve had recently, the hiring is a further indicator of a tentaive market at best.
June 16, 2006
Recent Supreme Court majority in the case of Howard Delivery Serv., Inc. v. Zurich American Ins. Co. is strange at best with Justices Scalia and Thomas joining among others, Justice Ginsburng, who had this to say in the 6-3 decision regarding preference payments
In holding that claims for workers' compensation insurance premiums do not qualify for § 507(a)(5) priority, we are mindful that the Bankruptcy Code aims, in the main, to secure equal distribution among creditors. We take into account, as well, the complementary principle that preferential treatment of a class of creditors is in order only when clearly authorized by Congress….[W]e are guided in reaching our decision by the equal distribution objective underlying the Bankruptcy Code, and the corollary principle that provisions allowing preferences must be tightly construed…. Any doubt concerning the appropriate characterization [of a bankruptcy statutory provision] is best resolved in accord with the Bankruptcy Code's equal distribution aim. We therefore reject the expanded [i.e., "plain meaning"] interpretation Zurich invites. (Citations omitted.
June 14, 2006
New York City may be getting ready to take on a few debt collectors.
In response to a 70 percent increase in consumer complaints in two years, the New York City Department of Consumer Affairs held information gathering hearings, and may propose tighter restrictions on debt collecting agencies.
June 14, 2006
The long awaited and promised world’s most comprehensive outline of BAPCPA is now available: Bankruptcy Litigation Blog: BAPCPA Outline: Part I, Section B – Judicial Commentary: BAPCPA’s “Plain Meaning” Not Followed