National Apr 18, 2009, 18:01 In William Barnhill v. Elliot Johnson (No. 91-159), the United States Supreme Court held that the actual date a check is presented to the drawee bank will be the effective date to determine whether the transfer may be set aside by a trustee in bankruptcy. Under the Bankruptcy Code’s preference, […]
Archive for April, 2009
Credit Card Charges Held Nondischargeable
By Charles R. Harroun, Attorney at Law Court rules Credit Card Charges Nondischargeable. In this case, the debtor used her VISA card for cash advances in excess of $4,000. The cash advances were used to pay past due house payments as well as other past due debts. A small portion of the cash advances were used […]
Chapter 7 Bankruptcy Dismissed – Debtor Abuse
By Charles R. Harroun, Attorney at Law Chapter 7 Bankruptcy Dismissed for substantial abuse. In this case, the issue was whether debtor’s Chapter 7 bankruptcy should be dismissed since debtor appeared to have the ability to repay his obligations. Debtor was employed as a sportscaster earning about $170,000 per year; debtor had unsecured debts of […]
Motion to Dismiss Chp. 7 Bankruptcy
By Charles R. Harroun, Attorney at Law Trustee submits Motion to Dismiss Chapter 7 Bankruptcy. The case of In re Morris, 153 B.R. 559, held that the Bankruptcy Code section which bars the court from dismissing a Chapter 7 case for “substantial abuse” at the request or suggestion of any party in interest, does not prevent […]