Our presenter was Larry DePalma, an affable guy who identified himself as a marketing expert. He mentioned a number of times that he works with a bankruptcy lawyer in Tennessee. [I checked his LinkedIn profile which claims that he is a “Treasury management and payments industry professional with extensive experience in product and marketing management.” […]
Evidence Rules In Mortgage Litigation
Judge Pamela Pepper convened a “hearing” on related disputes involving a debtor’s mortgage, the creditor’s standing, and the payment history on the loan. The various parties to the dispute sought to obtain, introduce and exclude evidence at the mock hearing. The comments are almost exclusively hers as she analyzed what we’d just seen. This is […]
Remember the Big Stuff: Protecting Retirement and Business Assets
Hon. Susan Kelley, U.S. Bankruptcy Court (Milwaukee, WI) Behrooz Vida, Esq. (Bedford, TX) Retirements asset issue that can be calculated by using equity interest rate release calculator. ERISA qualified plans excluded from bankruptcy estate. Nobody knew what was ERISA-qualified and not. IRAs may not have been qualified under Patterson but SUpreme Court came along and […]
Whoa! Watch Out For Preferences
Elaine Dowling, Esq. (Oklahoma, OK) Hon. Margaret Mahoney, U.S. Bankruptcy Court (Mobile, AL) For the record, this was my favorite of the Friday sessions. What is a transfer? Very broad. Insolvency is based on the time of the transfer, not based on hindsight. What the parties knew at the time of the transfer. Strict balance […]
Low Down On AG Mortgage Settlement
A last minute addition to the program for Saturday was a presentation on the nation wide mortgage settlement between the states’ Attorneys General and the five major servicers. Here are my notes from the presentation by Joseph A. Smith, Jr. the court appointed monitor of the settlement. The presentation was accompanied by a concise and […]
Stripping in San Antonio
John Rao, NACBA Vice President, and Judge Leif Clark presented the program on lien stripping. John Rao: language in Nobelman points to 506(a) to determine the creditor’s status. Are they really a secured creditor subject to the modification prohibition of 1322(b)? If not, they can be stripped. Remember this isn’t 522(f) lien avoidance. Exemptions play […]
Struggling to Surrender
Here’s what I would have blogged live if the interest in our live blogging hadn’t crashed the server and required uninstallation of the software that would allow us to be really live. This presentation dealt with the problems that arise when the debtor wants to surrender encumbered property and the secured creditor will take no […]
