In the continuing fraud and bankruptcy saga of former music promoter Lou Pearlman, the appointed chapter 11 trustee recently filed an emergency motion against his former lawyer charging her with conduct "intended and designed to obstruct, frustrate, impede, delay and prevent the trustee and creditors of the bankruptcy estate" from pursuing their investigation of the deb
Committees
Court rules for some states, such as Michigan, allow for a judgment creditor to seek judgment against a garnishee for failure to answer a writ of garnishment. Grounds for liability are based on contempt of court and damages incurred by the judgment creditor due to the garnishee’s failure to respond to the garnishment. (See M.C.R. 3.101).
Almost two years after the implementation of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), it would appear that some of its provisions are meeting their objectives better than others.
Health care bankruptcies present debtor’s counsel with a whole host of unique issues. Should a patient care ombudsman be appointed?
Newly incorporated into the Bankruptcy Code[2] as part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA),
One of the goals of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) is to provide greater protections to patients in health care business bankruptcies. See Pub.L. No. 109-8. To that end, new Bankruptcy Code provisions have been enacted to specifically address issues that arise in health care business bankruptcies.
Sicko, the need for improvement was apparent. Costs had spiraled out of control, quality of care was inconsistent and health care providers faced daunting operational and financial challenges.
In Advanced Telecommunication Network Inc. v. Allen (In re Advanced Telecommunication Network Inc.), 490 F.3d 1325 (11th Cir. 2007), the U.S. Court of Appeals for the Eleventh Circuit adopted the approach set forth by the Seventh Circuit Court of Appeals in In re Xonics Photochemical, 841 F.2d 198, 200 (7th Cir.
A Ponzi scheme is an arrangement whereby an enterprise makes payments to investors from the proceeds of a later investment rather than from profits of the underlying business venture as the investors expected.