in response to a $140 million judgment Hulk Hogan, known legally as Terrence Bollea, obtained against, inter alia, Gawker Media, LLC (“Gawker”) and its founder and erstwhile CEO Nicholas G.A. Denton in connection with Mr. Bollea’s allegations that Gawker damaged him by publicizing a video depicting Mr. Bollea and the wife of his friend engaged in sexual intercourse, Mr. Denton filed a chapter 11 bankruptcy case seeking to discharge his personal obligations arising from the judgment and other debts. See In re Nicholas G.A. Denton, Case No. 16-12239 (Bankr. S.D.N.Y.).
bankruptcy courts are special courts. They are neither Article III courts (Northern Pipeline Constr. Co. v. Marathon Pipe Line Co., 458 U.S. 50 (1982)) nor their adjuncts (Stern v. Marshall, 564 U.S. 462 (2011)), but nonetheless have inherent powers (Law v. Siegel, 134 S. Ct. 1188, 1194, 571 U.S. __ (2014)) and—pursuant to 11 U.S.C. § 105—certain equitable powers. This means that they have broad powers to order equitable remedies—such as specific performance—where no adequate remedy at law exists, to the extent not inconsistent with any other provisions of the Bankruptcy Code. See Law v. Siegel, 134 S. Ct. at 1194, 571 U.S. at __. This is the backdrop against which inequitable conduct by a creditor may lead to subordination of its claim in a bankruptcy proceeding under established, codified, equitable principles. Subordination means that a claim, by judicial decree, is lowered, in whole or part, in priority relative to its ordinary position in respect of one or more other claims.
this article discusses Minnesota law relating to the removal (“discharge”) of judgments following a judgment debtor’s bankruptcy.
done properly, chapter 13 provides certain above-median wage earners—and others with special considerations, often relating to a mortgage—with debt relief.
the Internal Revenue Code ("I.R.C." or the "Code") broadly defines gross income as "all income from whatever source derived, including . . . [i]ncome from discharge of indebtedness" I.R.C. § 61(a)(12). Although the I.R.C. does not define "discharge," this has long been understood to include the taxpayer's release from a monetary obligation such as debt forgiveness or by way of a discharge in a bankruptcy case.
many debtors—and a few attorneys—are unaware that the Bankruptcy Code provides a way for debtors in a chapter 7 case to "redeem tangible personal property intended primarily for personal, family, or household use, from a lien securing a dischargeable consumer debt, if such property is exempted [by the debtor] . . . or has been abandoned . . . [by the trustee], by paying the holder of such lien the amount of the allowed secured claim of such holder that is secured by such lien in full at the time of redemption." 11 U.S.C. § 722. There is quite a bit to unpack here, but at bottom, almost any non-commercial physical personal property subject to a security interest can be exempted and redeemed in a chapter 7 case.
debtors are often pleasantly surprised to learn that, in Minnesota, roommates generally count toward their household size for purposes of the means test, permitting certain debtors who would otherwise fail the means test, and thus not qualify for a chapter 7 case (permitting almost immediate discharge of all debts, not otherwise dischargeable, without any repayment required, as with a chapter 13 case), to qualify.
bankruptcy counsel frequently field questions from debtors who’ve previously filed bankruptcy. Sometimes this involves a prior case completed years ago, but more often it involves a debtor who has filed a recent case that was dismissed—often in connection with a chapter 13 case by reason of failure to confirm a plan or to make plan payments.
choosing the right attorney for your chapter 7 or chapter 13 case can ultimately save you money, even by comparison to filing pro se (without counsel). In many cases, this means selecting the right chapter under which to file your case. There are certain advantages uniquely associated with chapter 7 or chapter 13 (the most common) proceedings.
a victim of a cruise ship injury caused by negligence may be eligible to file a claim against the cruise company. However, not all damages qualify as recoverable in the courtroom if a judge determines the cruise line is not responsible. Therefore, your California personal injury lawyer must prove that staff or conditions negligently caused your accident.
premises liability is a legal practice of personal injury law. It typically involves a person injured by unsafe conditions on another’s property. As such, courts may base a personal injury case on the contributory negligence of the property owner. Winning a premises liability case against an owner is challenging. It is a type of situation that involves proving that the property owner was irresponsible concerning ownership or maintenance of the property. Speaking with a California premises liability attorney can help you devise specific strategies related to your case.
if you have suffered an injury at work in California, you could be eligible for benefits offered by California's Workers Compensation Act. If you are an eligible employee with a job-related illness or injury, California law requires your employer to pay for medical treatment and wage loss during recovery.
pedestrian accidents in California can cause catastrophic car accident injuries and even death. Distracted, negligent driving is often the cause of pedestrian accidents in spite of traffic signals and crosswalks. Pedestrians may find themselves in the hospital when encountering drivers who are not watching the road.
construction work is a hazardous occupation, making site accidents a frequent occurrence. It is a highly regulated industry that has safety training requirements, regulations, and other procedures designed to prevent injuries to construction workers. No matter how many rules OSHA puts into place, a construction site is unpredictable.
los Angeles and the rest of Southern California are well-known for traffic problems. In fact, a 2018 article published by Business Insider ranked L.A. as the worst city in the country for traffic congestion, with drivers spending an average of 102 hours stuck in traffic every year. With that said, as a resident, you probably do not need statistics to tell you that driving in Los Angeles and the surrounding areas can be extremely frustrating.
a recent bus accident in Riverside resulted in a fiery crash that proved fatal for one of the motorists involved. While police continue to investigate the underlying causes of the accident, failure on the part of the bus driver to stop for congested morning traffic is to blame for a pile up that involved multiple other vehicles. These cases can be confusing and you may find it helpful to consult with a Riverside bus accident lawyer.
scroll to the section with the title above to read about the importance of having your own, personal, private attorney versus being represented by the Public Defender.
scroll to the article section titled "To Bail or Not to Bail" for more information regarding the bail and arrest process.
scroll to the section of the page titled "Theft Crimes" to read about how prosecutors have been overcharging for theft crimes.
scroll to the Drug & DUI section of the page for more information on how to proceed after a DUI charge and why having a lawyer is important.
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