When does judicial estoppel apply to proofs of claim?

By : | Category : Bankruptcy | Comments Off on When does judicial estoppel apply to proofs of claim?

18th Oct 2012

The Fifth Circuit Court of Appeals found that judicial estoppel does not apply to an inconsistent proof of claim filed by the same creditor in a second bankruptcy case where the debtor was dismissed from the prior bankruptcy. In re … more

Why creditors should be held accountable for discharge violations

By : | Category : Bankruptcy | Comments Off on Why creditors should be held accountable for discharge violations

10th Oct 2012

When a creditor tries to collect a debt that was discharged in bankruptcy, it is (and should be) treated as a serious violation of the debtor’s rights. When that collection effort rises to the level of causing emotional distress, then … more

Newman v. Newman, Georgia Supreme Court,

By : | Category : Divorce | Comments Off on Newman v. Newman, Georgia Supreme Court,

9th Oct 2012

Newman v. Newman, Georgia Supreme Court, Docket S12F1549, October 1, 2012 Parties executed prenuptual agreeement where both parties recognized that there were ambiguities and stated so in the agreeement. Husband sought to invalidate prenuptual agreement as void by inclusion of … more

Negligent Misrepresentation as a Marital Tort

By : | Category : Divorce | Comments Off on Negligent Misrepresentation as a Marital Tort

8th Oct 2012

Negligent Misrepresentation as a Marital Tort Hodge v. Craig, Tennessee Supreme Court, Docket: M2009-00930-SC-R11-CV, October 1, 2012 Former husband of child’s mother filed a common-law negligent representation suit against his ex-wife based on his assertion that she had intentionally misled … more