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Full-Text Articles in Law
Randomly Distributed Trial Court Justice: A Case Study And Siren From The Consumer Bankruptcy World, Gary G. Neustadter
Randomly Distributed Trial Court Justice: A Case Study And Siren From The Consumer Bankruptcy World, Gary G. Neustadter
Faculty Publications
Between February 24, 2010 and April 23, 2012, Heritage Pacific Financial, L.L.C. (“Heritage”), a debt buyer, mass produced and filed 218 essentially identical adversary proceedings in California bankruptcy courts against makers of promissory notes who had filed Chapter 7 or Chapter 13 bankruptcy petitions. Each complaint alleged Heritage's acquisition of the notes in the secondary market and alleged the outstanding obligations on the notes to be nondischargeable under the Bankruptcy Code’s fraud exception to the bankruptcy discharge. The notes evidenced loans to California residents, made in 2005 and 2006, which helped finance the purchase, refinancing, or improvement of California residential …
Horton V. O'Cheskey Opinion, Fifth Circuit Court Of Appeals
Horton V. O'Cheskey Opinion, Fifth Circuit Court Of Appeals
Historical and Topical Legal Documents
No abstract provided.
Templeton V. O'Cheskey Opinion, Fifth Circuit Court Of Appeals
Templeton V. O'Cheskey Opinion, Fifth Circuit Court Of Appeals
Historical and Topical Legal Documents
No abstract provided.
2005: A Consumer Bankruptcy Odyssey, Gary Neustadter
2005: A Consumer Bankruptcy Odyssey, Gary Neustadter
Faculty Publications
Congress has concluded that the voyage of consumer bankruptcy in the United States is off course and that some of its crew - consumer bankruptcy attorneys and bankruptcy judges - no longer can be completely trusted at the helm. Following years of drama reminiscent of the 1914 silent film serial "Perils of Protection Act of 2005 ("the Act"). Save perhaps the 1938 introduction of Chapter XIII, the correction presents the most far reaching changes in consumer bankruptcy law since the adoption of the Bankruptcy Act of 1898. These changes come little more than a decade after Congress established a National …