7 episodes

The world of bankruptcy seems arcane, but it's big field, it moves fast, and it's fascinating. In this show, I report on bankruptcy decisions around the country with a special emphasis on my home district of Central California.

My goal is to bring you into the rapidly evolving, but very little know conversations, that are happening all throughout the world as people and businesses lookin for a fresh start in life.

Attorney advertising. Michael Rice, licensed in California. For more, visit https://michaelricelaw.com

Bankruptcy Opinions by Michael Rice Michael Rice

    • News
    • 5.0 • 1 Rating

The world of bankruptcy seems arcane, but it's big field, it moves fast, and it's fascinating. In this show, I report on bankruptcy decisions around the country with a special emphasis on my home district of Central California.

My goal is to bring you into the rapidly evolving, but very little know conversations, that are happening all throughout the world as people and businesses lookin for a fresh start in life.

Attorney advertising. Michael Rice, licensed in California. For more, visit https://michaelricelaw.com

    Stripping prowling liens in sunny Florida

    Stripping prowling liens in sunny Florida

    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.

    michael@michaelricelaw.com

    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

    • 13 min
    Jacobson lives! $100k in cash lost to the trustee in Idaho

    Jacobson lives! $100k in cash lost to the trustee in Idaho

    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.

    michael@michaelricelaw.com

    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

    • 16 min
    Subchapter 5 saves the Harbor Rose

    Subchapter 5 saves the Harbor Rose

    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.

    michael@michaelricelaw.com

    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

    • 18 min
    Landlord slapped with 523(d) attorney fees

    Landlord slapped with 523(d) attorney fees

    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.

    michael@michaelricelaw.com

    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

    • 18 min
    Not so fast debtor! Need some time before re-opening and discharge in an individual Chapter 11

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

    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.

    michael@michaelricelaw.com

    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

    • 7 min
    A pre-conviction criminal restitution lien doesn't violate the automatic stay

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

    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.

    michael@michaelricelaw.com

    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

    • 7 min

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