Beste Michael Rice podcaster (2024)

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Stripping prowling liens in sunny Florida 13:11

3y ago13:11

13:11

Fort Lauderdale. Debtor wants to strip off a lien on his homestead. But Florida's Constitutionally broad homestead exemption already accomplishes similar goals. What will Judge Russin do? Let's get into in with In re Pettengill in the Southern District of Florida. Also, please reach out to me! I’m actively looking for new bankruptcy clients, especi…

1
Jacobson lives! $100k in cash lost to the trustee in Idaho 16:10

3y ago16:10

16:10

Idaho. Debtors sell house while they're in bankruptcy, but fail to follow the Idaho exemption regime which required them to reinvest the money in a new homestead within a year. Trustee comes calling, a few appeals later, and we end up with McAllister v. Wells in the Ninth Circuit. Even the panel notes just how controversial this is. Let's get into …

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Subchapter 5 saves the Harbor Rose 18:19

3y ago18:19

18:19

Long Island, New York. On the eve of a creditor's confirmation hearing, the Small Business Reorganization Act became effective. In this groundbreaking case, Judge Grossman grapples with complex first impression issues and comes up with a new test for modifying loans on properties that debtors live in (that's a big deal!). Please reach out to me! I’…

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Landlord slapped with 523(d) attorney fees 18:19

3y ago18:19

18:19

Bradenton, Florida. A disgruntled landlord chased his former tenants into bankruptcy court attempting to keep his pre-petition eviction judgment alive. The tenants, now bankruptcy court debtors, not only beat the 523(a)(2)(B) complaint but won attorney's fees against the landlord. To read more and a link to the Judge Colton's opinion: https://micha…

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Not so fast debtor! Need some time before re-opening and discharge in an individual Chapter 11 7:38

3y ago7:38

7:38

An individual Chapter 11 debtor moved to re-open his case, which was closed to avoid quarterly UST fees. He also moved for a discharge. Hearing set for the same day. Let's talk about why that's a problem. The problem is that he was trying obtain both results on the same day. UST objected and the court agreed that the case needs to be re-open long e…

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A pre-conviction criminal restitution lien doesn't violate the automatic stay 7:52

3y ago7:52

7:52

In today’s (first!) episode, I walk you through a recent case in which an Arizona bankruptcy court ruled that a creditor doesn’t violate the automatic stay when a creditor pursues a pre-petition criminal restitution lien. In re Nash, 19-bk-11174 (Judge Ballinger, October 21, 2021). In the episode I mentioned the Gruntz case in the Ninth Circuit whi…

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Introduction to the Bankruptcy Opinions Podcast! 3:51

3y ago3:51

3:51

Hey thanks for checking out my new podcast! In this short episode, I introduce you to what we're trying to do here. If you have any ideas or feedback, please send it my way! michael@michaelricelaw.com

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Michael Rice Podcaster

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