BUSINESS LAW AND BANKRUPTCY PLG-105-1505 ASSIGNMENT NUMBER FIVE AN IRAC ESSAY STATEMENT OF FACTS Josh was asked during his bankruptcy proceeding if he was ever sued. Josh lied and said no, when he in fact was sued many years ago and has no financial impact on Josh today. In regards to the matter of Josh's decision to not speak about was settled previously. ISSUE Because of Josh's lie, what if the people Josh owes, his creditors and trustees, wants the discharge to be rescinded? Should the Judge withdraw the discharge based upon Josh's lie, even though it would not have any ramifications on this case? RULE Dale Alleman v. Brett J. Kitson, 341 Fed. Appx. 234. Appellant creditors, a corporation and its owner petitioned than an order of the …show more content…
Brett J. Kitson, 341 Fed. Appx. 234. in connection to the matter of Josh's lie will help decide whether or not this lie will set in motion 11 U.S.C.S §727(a), and whether or not Josh's dismissal will be rescinded. Josh lied during his his bankruptcy proceeding when he was asked whether he had ever been sued. He had, in actuality been sued years earlier for a deliberate infliction of demonstrative distress, and the event was humiliating to him and it was very awkward for him to talk about. Consequently, he lied, and said that he never been sued, The lie has no financial effect on the dilemma of Josh's bankruptcy situation. Under bankruptcy code section §727(a)(4) that forbids a discharge where the debtor, Josh knew due to his reluctance to discuss the incident, was knowingly deceitful, presented false testimony, concludes since it has no impact on this bankruptcy action, Josh did not essentially lie about being previously sued. As in Alleman v. Kitson, the court affirmed that the bankruptcy court was appropriate in their decision that since Kitson's financial documentation was immaterial the discharge was not barred under §727(a)(3). In connection, the bankruptcy court will determine that Josh was not in violation of breaking any bankruptcy
Kitson (In re Kitson), 341 Fed. Appx. 234 (7th Cir. Ill. 2009) explains that a “bankruptcy filing [can] contain several misstatements and omissions, but [the court] concluded that they did not run afoul of Section 727(a) because none of them were material to the bankruptcy petition.” Alleman is a former employer of Mr. Kitson that has brought an appeal with a bankruptcy court for discharging Mr. Kitson’s debts to ultimately include two debts Alleman claims Mr. Kitson still owes to him. During this process Alleman has alleged Mr. Kitson had failed to provide records in regards to Kitson Enterprises, however, the court decided this was “immaterial” and “unrelated to Mr. Kitson’s personal bankruptcy.” It was further expressed by the court that Alleman had failed to prove his allegations against Mr. Kitson “how he, any other creditor, or the court was hindered in any material way by the misrepresentation.” Due to the failure of Alleman to prove Mr. Kitson had provided false or misstatements within the bankruptcy filing, the United States District Court for the Central District of Illinois affirmed the bankruptcy court’s
Facts: In January 1992, Jesse and Deborah Howell (“debtors”) retained Danna Archer to represent their “personal interest, including…interest in their wholly owned corporation, Debbie’s School of Beauty Culture (“school”)” (In re Howell, 1992). A month later, the debtors voluntarily filed for Chapter 13 Bankruptcy. The debtors retained Nelson Jones, who is not affiliated with Archer, to file Chapter 11 Bankruptcy on behalf of the school. In March, the debtors Chapter 13 Bankruptcy case was converted to Chapter 11, and Archer filed a motion for a Joint Administration for the two estates. The motion was granted in May. Archer ceased legal representation of the school due to the theoretical conflicts of interest the following month. In October, 1992, the joint administration was granted a motion to discontinue. Archer is seeking $21,015.97 for legal fees and expenses. $14,587.42 was granted as it stemmed from the personal bankruptcy case. $6,428.55 was taken under advisement as the amount relates to fees accrued from representing the school (In re Howell, 1992).
The entire point of filing for bankruptcy is to receive a discharge of your debt. You contact an experienced southern California bankruptcy attorney, make sure to provide them with all the necessary information, include every creditor in the paperwork…and then await the big day. Once you receive your bankruptcy discharge you’re done, right?
The loss of your job, a change in your income, an unexpected emergency or any other number of factors may cause your, or others in Tennessee, to struggle with debt. If you are dealing with financial challenges, then you may have considered filing bankruptcy. Sometimes, however, it can be difficult to know if Chapter 7 bankruptcy is the right option for you.
Many people think they can save money by doing things themselves. When it comes to painting a room or fixing a leak, this may be true. However, the practice of law is one area where seeking professional help is usually the best idea.
You must attend, either in person or online, a credit counseling course before you file your bankruptcy petition and another course prior to your discharge order being entered by the court.
The attorneys at Bartolone & Batista LLP have the experience necessary to handle all aspects of your personal or business bankruptcy. There are many attorneys that claim to handle bankruptcy matters. Very few are trained and prepared to litigate the increasingly complex new bankruptcy law. There are many aspects of the new law that have not been decided by the Federal Courts and it is sometimes very necessary to litigate certain aspects of your bankruptcy case. That is where the experience of Bartolone & Batista, LLP can make a difference. Contact the lawyers at Bartolone & Batista, LLP today for a free bankruptcy consulation. Call 1-800-974-5272Experience Matters
Bankruptcy is a statutory proceeding with detailed procedures and requirements. The bankruptcy filing that I believe is most appropriate for Peter is Chapter 13 bankruptcy. To be eligible for Chapter 13 bankruptcy, the individual must owe unsecured debts less than $383,175 and secured debts of less than $1,149.525 and have a regular income. Peter has regular income because he is employed as an electrician. Chapter 13 works with consumer debtors to develop a plan to repay debt. In Peter’s case, Chapter 13 would allow him to make a payment plan in order to pay back his two main debts, his auto repair costs and the mortgage payments. If the court approves Peter of a payment plan, Peter may then pay the debts in the installment specified by the
Consumers who file personal bankruptcy in Plano TX often wonder what the bankruptcy process is like. While bankruptcy cases will be different for every person, there are certain trials every consumer bankruptcy debtor will go through. Collins & Arnove, experienced personal bankruptcy lawyers in Plano TX, offer the following for informational purposes only and caution that the details of your bankruptcy case will depend upon your property, your finances, and whether you file Chapter 7 or Chapter 13 bankruptcy - anyone considering bankruptcy should discuss the matter with a bankruptcy attorney.
The foremost responsibility of a bankruptcy attorney is to deal with the bankruptcy proceedings of his / her client. They also have to provide them with legal advice and representation in each step of the way. The bankruptcy attorney has to assist his / her client to pay off their debts once a decision has been reached by the courts on this matter. Before anything happens though, the attorney has to make sure that their client fully understands the process and what it means for their financial future. The attorney has to be able to advise the client, if there are other options available to them.
Should you find yourself facing overwhelming debt, bankruptcy can help – especially with regard to personal loans, medical bills, and credit card balances.
Chapter 7 bankruptcy is available to Celia for her credit card debt and in some circumstances for including her student loans (Forgiveness, Cancellation, and Discharge) (Twomey & Jennings, 2014, p. 747).
As a matter-of-fact, filing for bankruptcy is generally accepted as an extremely frustrating process. What's more, if that you've bankruptcy problems. Your event may be simply denied if you fail to match all paperwork and documentation required. A specialist bankruptcy attorney will have the ability to describe the basic principles about both Chapter 13 or Chapter 7 bankruptcy for you. Thus, to get free from debt properly, working together with a skilled bankruptcy attorney may be the ideal answer.
In a decision dated June 29, 2007,[7] the LA ruled in favor of respondent by declaring him illegally dismissed and ordering petitioners to pay his full backwages and, in lieu of reinstatement, his separation pay. The LA further awarded respondents money claims upon finding that he was not occupying a managerial position. The decretal portion of the decision reads:
If you 're filing for bankruptcy, you may be in for a long and complicated process with plenty of room for error. Thankfully, hiring a bankruptcy attorney can make the process easier, as they 'll walk you through each step and can provide you with all of the documentation you need to file your case.