Flanders Fraud set up a corporation named the Fraud Foundati…

Flanders Fraud set up a corporation named the Fraud Foundation, Inc. to operate a “ponzi” scheme. Under the scheme, Flanders would promise extremely high returns in order to persuade investors to invest their life savings with the Fraud Foundation. In order to keep the scheme going, the Fraud Foundation would use the money from later investors to pay off the earlier investors. Ultimately the scheme collapsed and the defrauded investors filed separate class actions against both Flanders and the Fraud Foundation in state court. The Fraud Foundation suit has not yet been set for trial. The suit against Flanders did go to trial and the jury found that Flanders had engaged in fraud and awarded damages against him and in favor of the investor plaintiffs. Flanders transferred various properties and cash from the Fraud Foundation to his wife, Edna, 6 months before bankruptcy. The total amount of the property and cash is estimated to be $1.5 million. The Chapter 7 trustee will likely:

For certain purposes, especially when looking at transfers t…

For certain purposes, especially when looking at transfers that the debtor may have made before filing his or her bankruptcy, we classify some transferees (people who received the transfers) differently becaude they have an especially close relationship with the debtor. We call these people who are close to the debtor insiders. Which of these is not an insider under Bankruptcy Code §101(31)?

Rufus obtained his J.D. from Harvard in 2008.  The summer be…

Rufus obtained his J.D. from Harvard in 2008.  The summer before he graduated he was a summer associate for a large law firm in New York and accepted an offer to start there after passing the bar.  Due to the economy and law firms scaling back on the number of associates, his offer was revoked, and he has not been able to find equivalent employment.  He has substantial student loan debt- over $200,000 and interest has been accruing since six months after graduation.  The only work he has been able to find is as a line cook at Waffle House making $7.50 an hour, so he has not been able to pay back any of the debt.  Repaying his bills is a true hardship for Rufus.  He files a Chapter 7 bankruptcy seeking to discharge all of his student loan debt and other debt he has racked up on credit cards.  Rufus hopes his student loan creditor will not challenge his discharge.  Rufus gets lucky and the creditor fails to file an adversary proceeding disputing the discharge prior to his 341 meeting.  What happens to his student loan debt now?

Daenerys Debtor owes $500,000 in non-contingent, liquidated,…

Daenerys Debtor owes $500,000 in non-contingent, liquidated, unsecured debts and, in addition, owes Kings Landing Bank $250,000 on a purchase-money mortgage loan secured by her home. Five months ago, Daenerys filed a petition under Chapter 7 of the Bankruptcy Code. As of the time of filing, Daenerys’s home had dropped in value to only $100,000. In Daenerys’s Chapter 7 case: