By Michael O'Leary | Published April 19, 2023 | Posted in Bankruptcy | Tagged Tags: bankruptcy, Innocent Debtor, When is a Bankruptcy Debtor Liable for a Partner’s Fraud? | Comments Off on Innocent Debtor Unable to Discharge Debt Due to Partner’s Fraudulent Conduct
Innocent Debtor Unable to Discharge Debt Due to Partner’s Fraudulent Conduct
SUPREME COURT RULES THAT INNOCENT DEBTOR CANNOT DISCHARGE A PARTICULAR DEBT DUE TO FRAUDULENT CONDUCT OF A PARTNER The “honest debtor” did not have a good day before the US Supreme Court in Bartenwerfer v. Buckley, 143 S. Ct. 665, 214 L. Ed. 434, decided on February 22, 2023. In said case the (now) married Read More
Read MoreNew York Changes Remedies Available for the Collection of Certain Medical Debt
The amendments to New York CPLR sections 5201(b) and 5231(b)(iv), which became effective November 23, 2022, have resulted in some wide-sweeping changes to the collection remedies available in the medical debt arena. Specifically, public healthcare facilities (i.e., hospitals, nursing homes, etc.) and healthcare providers (i.e., doctors, dentists, chiropractors, etc.) are now prohibited from: Imposing and Read More
Read MoreThe automatic stay always applies if debtor is named as a defendant
The Second Circuit recently announced a bright-line rule about the triggering of protections afforded by the bankruptcy Automatic Stay, holding that as long as the debtor is named as a party in a lawsuit, such as a foreclosure, the automatic stay applies to any attempted continuation of the lawsuit, and to the enforcement of any judgment Read More
Read MoreTax foreclosure sales of real estate can be fraudulent transfers
In Gunsalus v. County of Ontario, 37 F. 4th 859 (2d Cir, 6/27/22) the Second Circuit recently held that a deed issued pursuant to a New York real estate tax lien foreclosure can be attacked and set aside by a Chapter 13 debtor as a fraudulent transfer when “reasonably equivalent value” is not received for Read More
Read MoreChapter 13 Debt Limits Increase | Bankruptcy Lawyer | Middletown NY
Effective June 21, 2022 the new total debt limit threshold for Chapter 13 eligibility is $2,750,000.00 in “non-contingent, liquidated debts” owed on the date of the bankruptcy filing. This new threshold limit does not distinguish between secured and unsecured debt, and the same limit applies to both the debt of a single individual filing a Read More
Read MoreNew York Lowers its Interest Rate on Money Judgments for Consumer Debt Collection Cases
For the first time in over 40 years, New York has amended CPLR § 5004 and lowered its interest rate on money judgments founded upon consumer debt, which is generally defined as debts incurred “primarily for personal, family or household purposes”. Effective April 30, 2022, the Fair Consumer Judgment Interest Act (”FCJIA”) reduces from 9% Read More
Read MoreNew York Changes its Statute of Limitations for Consumer Debt Collection Cases
The recently passed Consumer Credit Fairness Act (“CCFA”) instituted some wide-sweeping, and much needed, reforms in the debt collection practice in New York State. First and foremost, the New York Statute of Limitations (“SOL”) for commencing a debt collection lawsuit was reduced from 6 years to 3 years, effective April 7, 2022. Other portions of Read More
Read MoreHow the COVID-19 Pandemic Affects Your Pending Bankruptcy Proceeding
Every part of the country has been affected by the coronavirus. Like restaurants, arenas and other locations where people assemble for business or pleasure, most courts have been closed. If you are in the midst of a bankruptcy proceeding, your case might be delayed, handled telephonically or be otherwise disrupted due to the pandemic. Furthermore, Read More
Read MoreCould the COVID-19 Pandemic Lead to the End of Medical Bankruptcy?
In the middle of an election year where healthcare is already a hotly debated issue, the COVID-19 pandemic has stirred further discussion about whether major changes are necessary. During the Democratic presidential primary, the concept of Medicare for All split the candidates. While the candidate who promoted that concept has since dropped out of the Read More
Read MoreA Debt Collector By Any Other Name
In Tepper v. Amos Financial, LLC, No. 17-2851 (3d Cir. August 7, 2018), the court distinguished the Supreme Court’s restrictive decision in Henson v. Santander Consumer USA, Inc., and held that the defendant, a company whose principal business is the acquisition and collection of debts is a “debt collector” under the Fair Debt Collection Practices Read More
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