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Berman v. Smith (In re Goldschmidt)

Apr
30
2014
Ruling
Trustee could settle fraudulent transfer claim regarding avoidable transfer from debtors to debtors' business.
Issue(s)
Did trustee have standing to settle fraudulent transfer claim against debtor's non-debtor business?

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Commercial opinion summary, case decided on April 30, 2014 , LexisNexis #0914-123
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In re Sagamore Partners Ltd.

Feb
26
2014
Ruling
Creditor that failed to provide sufficient notice of default was not entitled to default rate of interest in debtor's chapter 11 plan.
Issue(s)
Was plan that did not provide mortgage creditor with default rate of interest properly confirmed?

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Commercial opinion summary, case decided on February 26, 2014 , LexisNexis #0714-023
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Milavetz Gallop & Milavetz PA v. United States

Dec
07
2006
Ruling
BAPCPA provision requiring "debt relief agencies" to give advice favoring creditors over debtor clients violated duty of loyalty as applied to attorneys.
Procedural posture

Plaintiffs, practicing bankruptcy attorneys, sought an order declaring portions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") that restricted and compelled speech on the part of debt relief agencies unconstitutional as violative of the First Amendment, at least as applied to attorneys. Defendant United States moved to dismiss the claim for failure to state a claim upon which relief can be granted.

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opinion summary, case decided on December 07, 2006 , LexisNexis #0107-003
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Milavetz Gallop & Milavetz PA v. United States

Dec
07
2006
Ruling
BAPCPA provision violates First Amendment rights by barring truthful as well as false and deceptive advertising.
Procedural posture

Plaintiffs, practicing bankruptcy attorneys, sought an order declaring portions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") that restricted and compelled speech on the part of debt relief agencies unconstitutional as violative of the First Amendment, at least as applied to attorneys. Defendant United States moved to dismiss the claim for failure to state a claim upon which relief can be granted.

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opinion summary, case decided on December 07, 2006 , LexisNexis #0107-005
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