Monthly Archives: September 2010
Milavetz, Gallop & Milavetz, P.A., et al v. United States – Supreme Court Holds that Attorneys are “Debt Relief Agencies”
On March 8, 2010, the Supreme Court ruled in Milavetz, Gallop & Milavetz, P.A., et al v. United States, 130 S. Ct. 1324 (2010), that attorneys are “debt relief agencies” who are limited in their ability to provide pre-bankruptcy planning advice to consumers and obligating them to provide additional disclosures in their advertisements. The Supreme [...]
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In re Endeavor Highrise LP – Defendant Counterclaimant’s Jury Demand Stricken by Bankruptcy Court
In a case of apparent first impression, in In re Endeavor Highrise LP, 425 B.R. 402 (Bankr.S.D.Tex. 2010),by memorandum opinion dated March 12, 2010, the U.S. Bankruptcy Court for the Souther District of Texas concluded that the filing a counterclaim against the bankruptcy trustee as part of a defendant’s answer to the trustee’s adversary complaint [...]
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Hamilton, as Chapt. 13 Trustee v. Lanning – Supreme Court Opines on Definition of Projected Disposable Income in a Chapter 13 Case
In an 8-1 opinion in Hamilton v. Lanning, issued on June 7, 2010, the Supreme Court had a second opportunity to construe the meaning of the 2005 BAPCPA amendments. At issue in Hamilton was the definition of “projected disposable income,” a key term in Chapter 13 of the Bankruptcy Code because a Chapter 13 debtor [...]
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