Bankruptcy Opinions by Michael Rice

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, especially challenging cases, adversaries, or contested matters. While I’m only licensed in California and can only give legal advice to California clients, I’d love to hear your story or know if I can help some other way. [email protected] Attorney advertising. My practice qualifies as a debt relief agency because I help people file for bankruptcy under federal law--among other things! 565 Pier Avenue, #1481, Hermosa Beach, California 90254

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 it! Also, please reach out to me! I’m actively looking for new bankruptcy clients, especially challenging cases, adversaries, or contested matters. While I’m only licensed in California and can only give legal advice to California clients, I’d love to hear your story or know if I can help some other way. [email protected] Attorney advertising. My practice qualifies as a debt relief agency because I help people file for bankruptcy under federal law--among other things! 565 Pier Avenue, #1481, Hermosa Beach, California 90254

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’m actively looking for new bankruptcy clients, especially challenging cases, adversaries, or contested matters. While I’m only licensed in California and can only give legal advice to California clients, I’d love to hear your story or know if I can help some other way. [email protected] Attorney advertising. My practice qualifies as a debt relief agency because I help people file for bankruptcy under federal law--among other things! 565 Pier Avenue, #1481, Hermosa Beach, California 90254

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://michaelricelaw.com/blog/2021/landlord-slapped-with-523d-attorney-fees/ Please reach out to me! I’m actively looking for new bankruptcy clients, especially challenging cases, adversaries, or contested matters. While I’m only licensed in California and can only give legal advice to California clients, I’d love to hear your story or know if I can help some other way. [email protected] Attorney advertising. My practice qualifies as a debt relief agency because I help people file for bankruptcy under federal law--among other things! 565 Pier Avenue, #1481, Hermosa Beach, California 90254

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 enough for creditors to object, if they're going to.  To read more and link to the Judge Russin's opinion: https://michaelricelaw.com/blog/2021/not-so-fast-debtor/ Please reach out to me! I’m actively looking for new bankruptcy clients, especially challenging cases, adversaries, or contested matters. While I’m only licensed in California and can only give legal advice to California clients, I’d love to hear your story or know if I can help some other way. [email protected] Attorney advertising. My practice qualifies as a debt relief agency because I help people file for bankruptcy under federal law--among other things! 565 Pier Avenue, #1481, Hermosa Beach, California 90254

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 which can be found at 202 F.3d 1074 (9th Cir. 2000). You can find the Nash opinion on my blog at https://michaelricelaw.com. Please reach out to me! I’m actively looking for new bankruptcy clients, especially challenging cases, adversaries, or contested matters. While I’m only licensed in California and can only give legal advice to California clients, I’d love to hear your story or know if I can help some other way. [email protected] Attorney advertising. My practice qualifies as a debt relief agency because I help people file for bankruptcy under federal law--among other things! 565 Pier Avenue, #1481, Hermosa Beach, California 90254

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! [email protected]