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Bankruptcy Opinions by Michael Rice
Michael Rice
7 episodes
1 week ago
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
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All content for Bankruptcy Opinions by Michael Rice is the property of Michael Rice and is served directly from their servers with no modification, redirects, or rehosting. The podcast is not affiliated with or endorsed by Podjoint in any way.
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
Show more...
Business News
News
Episodes (7/7)
Bankruptcy Opinions by Michael Rice
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

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3 years ago
13 minutes 11 seconds

Bankruptcy Opinions by Michael Rice
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

Show more...
3 years ago
16 minutes 10 seconds

Bankruptcy Opinions by Michael Rice
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

Show more...
3 years ago
18 minutes 19 seconds

Bankruptcy Opinions by Michael Rice
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

Show more...
3 years ago
18 minutes 19 seconds

Bankruptcy Opinions by Michael Rice
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

Show more...
3 years ago
7 minutes 38 seconds

Bankruptcy Opinions by Michael Rice
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

Show more...
3 years ago
7 minutes 52 seconds

Bankruptcy Opinions by Michael Rice
Introduction to the Bankruptcy Opinions Podcast!

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! michael@michaelricelaw.com

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3 years ago
3 minutes 51 seconds

Bankruptcy Opinions by Michael Rice
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