Suit Against a Fiduciary of Bankruptcy Estate
In order to sue a fiduciary of a bankruptcy estate, a plaintiff must first obtain leave of the Bankruptcy Court. It is well established, under
The Origins of Bankruptcy Tracing Back to Old Testament
The origins of bankruptcy can be traced back to the Old Testament where, in Deuteronomy 15 v1-3, the debts of all members of the community
Confirmation Criteria for Chapter 11 Plan
Section 1129 of the Bankruptcy Code details the standards for confirmation of a plan under chapter 11. 11 U.S.C. § 1129. See In re Sound
Bankruptcy Court Certification to State Supreme Court
It is well recognized that “certification of open questions of state law to the state supreme court can ‘in the long run save time, energy,
Under Arizona law a recorded judgement does not become a lien on homestead property
UPDATED 8/8/19 Arizona law has not materially changed: a recorded judgment still does not become a lien on homestead property. More than ten years following
The death of the debtor does not diminish the rights to a homestead
By: Ronald Ellett and Brittany Sifontes The death of the Debtor does not change the right to a homestead. Under Bankruptcy Rule 1016, “Death or