By Brett Weiss, Esq. on May 13, 2008 in Chapter 7, Chapter 13, Chapter 11, Bankruptcy In the News, Bankruptcy Information | 0 Comments
According to an article on the US Trustee website, random debtor audits, which were halted in January 2008 due to budgetary problems, will resume on May 12, 2008. The only change appears to be that instead of randomly auditing one out of each 250 cases filed, the UST will audit one out of each 1,000 […]
By Brett Weiss, Esq. on Jan 29, 2008 in Chapter 11, Maryland Bankruptcy, Brett Weiss News | 0 Comments
Brett Weiss was quoted in the January 25, 2008 issue of the Washington Business Journal in connection with the recent bankruptcy filing of one of his Chapter 11 developer clients. Weiss was quoted as saying, “We all know that the current housing market is lousy. And this is making things hard for a lot of […]
By Brett Weiss, Esq. on Nov 11, 2007 in Chapter 11, Recent Decisions | 1 Comment
The Absolute Priority Rule (APR) is a long-established principle that in Chapter 11 cases creditors’ claims take priority over shareholders’ claims. Pre-BAPCPA, cases such as In re Gosman, 282 B.R. 45 (Bankr. S.D. Fla. 2002) held that the retention of even exempt property by an individual debtor in a Chapter 11 Plan violates the absolute […]