Bankruptcy expert Professor Elizabeth Warren and three of her students are running a blog on the state of the awful MBNA-favored bankruptcy bill as an adjuct to Josh Marshall's site. Pretty cool. Check it out.
Posted by Charles Kuffner on March 07, 2005 to Blog stuff | TrackBackI have the most common of names. Since the bankrupcy legislation was enacted, I have recieved almost daily phone call from law firms advising me to call their office to discuss my outstanding debts. I have none. Perhaps the legislation should be tweaked to require the collectors make due dilligence to get the right debtor.
Posted by: Jim on March 22, 2005 11:26 AMIt appears that bankruptcy reform is not working as creditors had hoped. I have not had a single client since reform state that they are going to consolidate instead. Debtors are simply put through the ringer again.
Posted by: David Siegel on March 13, 2006 8:10 PMFacts: the time bar under Rule 4004 has passed and a particular creditor had filed a timely complaint under 523 causes but not under 727.
In a related adversary proceeding in connection with the case with the same parties, the debtor swears to statements which are false oaths and material enough to justify a denial of discharge under 727(a)(4). How is it possible for this to be properly raised and heard by the Court? The judge is very pro-debtor biased and will not permit amendments to the complaint.Further, the judge refuses to adopt or apply equitable principles having determined that under Kontrick v Ryan the USCt has, in her opinion,construed time bars strictly-period.What woould be the proper procedure to bring these allegations? The court actually knows these allegations could potentially deny discharge but will not sua sponte apply 105a.