Supreme Court nominee Elena Kagan is being accused of being anti-military after statements she made on the “Don’t Ask, Don’t Tell” policy on gays in the military. Her supporters attest that she has a profound respect for the military, balanced with her commitment to anti-discrimination policies. However, the White House is pessimistic on winning GOP votes for Kagan.
Family of Maryland inmate Rodney Jennings was awarded $2M last week after suing the state for his death. Jennings was struck and killed by a dump truck while working on a roadside trash-removal crew. Family alleged that state corrections officials failed to provide adequately safe conditions for the inmates of the roadside crews.
At 155 active cases this year, mortgage-related litigation has reached a daunting high. This jump in lawsuits is due in part to companies suing each other, rather than cases between lenders and home owners. Included are investor-related mortgage cases, such as shareholder lawsuits and class actions alleging deception regarding earnings and other financial issues.
On an emotional morning in the Supreme Court this week, justices, lawyers, law clerks and journalists bid a fond farewell to Justice John Paul Stevens as he retired after 35 years as a justice. Several lawyers and journalists wore bowties as an affectionate tribute to Stevens’ trademark neckwear.
The U.S. Supreme Court expanded Second Amendment gun rights to the states this week, stating that the right to keep arms is “among those fundamental rights necessary to our system of liberty.” However, Justice Samuel Alito Jr. did reassure anti-gun-violence advocates that the decision did not universally mean that an individual can carry a weapon in any manner without regulation.
Bankruptcy Law
In the United States, bankruptcy law offers a debtor, one who is unable to pay his creditors, a way to resolve his debts through the division of his assets among his creditors. This process allows the interests of all the creditors to be treated equally. Some bankruptcy procedures allow debtors to be discharged of all financial obligations even if creditors have not been fully paid. While other bankruptcy procedures allow a debtor to stay in business and use their revenue to pay off creditors over a period of time.
The United States Bankruptcy courts, which are District courts of the United States, are specifically designed to hear only bankruptcy cases. The United States Trustees, which was established by Congress, act as the administrator of bankruptcy proceedings. The Trustee reviews records and divide assets equally among the creditors. When filing for bankruptcy, there are different chapters one could file under. Filing for bankruptcy under Chapter 7 is a liquidation of your assets. Chapter 7 filing is the most common type of bankruptcy proceeding. In Chapter 7 proceedings, the Trustee collects properties and any other assets of the debtor, sells it and then distributes the proceeds to the creditors.
Other bankruptcy filings like Chapter 11, 12, and 13 involve creating a proposal for the debtor to use future earnings to pay off their creditors. In these proceedings, the Trustee is appointed to supervise the assets of the debtor.
There are two types of bankruptcy proceedings. A voluntary proceeding is when the filing is entered by the debtor. An involuntary proceeding is when a creditor forces the debtor into bankruptcy proceeding. When a bankruptcy proceeding is filed, all further litigation against the debtor is stayed and none of the creditors may seek out their debts outside of the bankruptcy proceeding. It is also worth noting that the debtors shall not be allowed to transfer property under these proceedings.
Our attorneys are experienced with representing both debtors filing for bankruptcy, as well as creditors in protecting their rights during bankruptcy proceedings. We are experienced in filing Adversary Proceedings as well as defenses to Preference Actions. Contact us today for a no obligation and free consultation.