Comments for Ft. Lauderdale Bankruptcy BLOG http://www.bankruptcylawfortlauderdaleblog.com Information about Florida bankruptcies and Foreclosures Mon, 28 Nov 2011 16:06:39 +0000 hourly 1 http://wordpress.org/?v=3.1.2 Comment on Can you surrender and retain homestead? by Richard Birkenwald http://www.bankruptcylawfortlauderdaleblog.com/can-you-surrender-and-retain-homestead/comment-page-1#comment-6423 Richard Birkenwald Mon, 28 Nov 2011 16:06:39 +0000 http://www.bankruptcylawfortlauderdaleblog.com/?p=576#comment-6423 Not claiming homestead in bankruptcy is for a purpose within the bankruptcy realm, but it does not mean it should negate state law in my opinion. It's still Florida homestead if debtor lives there. Not claiming homestead in bankruptcy is for a purpose within the bankruptcy realm, but it does not mean it should negate state law in my opinion. It’s still Florida homestead if debtor lives there.

]]> Comment on Court Order Sanctioning Attorneys on Objections to Claims by Brett Weiss http://www.bankruptcylawfortlauderdaleblog.com/court-order-sanctioning-attorneys-on-objections-to-claims/comment-page-1#comment-6374 Brett Weiss Wed, 16 Nov 2011 14:34:19 +0000 http://www.bankruptcylawfortlauderdaleblog.com/?p=569#comment-6374 So creditors are perfectly free to file baseless proofs of claim, but debtor's counsel are suspended from the practice of law if they dare object? This is obscene. So creditors are perfectly free to file baseless proofs of claim, but debtor’s counsel are suspended from the practice of law if they dare object? This is obscene.

]]> Comment on Judge Cristol Scolds Trustee by free344 http://www.bankruptcylawfortlauderdaleblog.com/judge-cristol-scolds-trustee/comment-page-1#comment-6318 free344 Sun, 16 Oct 2011 19:17:32 +0000 http://www.bankruptcylawfortlauderdaleblog.com/?p=544#comment-6318 Interesting to hear about a judge scolding a trustee. In Texas, they apparently do the opposite when trustees do wrong. This is what just happened in a federal court in Texas. A Dallas business owner was involved in a civil dispute and paid millions of dollars to lawyers, and when he objected to additional fees after settling the case, they had a “friendly” judge seize all of his possessions, without any notice or hearing, and essentially ordered him under “house arrest” as an involuntary servant to the lawyers. The business owner has been under this "servant" order for 10 months and is prohibited from owning any possessions, prohibited from working, etc.. ...and some quotes from the judge: THE COURT: "I'm telling you don't scr-w with me. You are a fool, a fool, a fool, a fool to scr-w with a federal judge, and if you don't understand that, I can make you understand it. I have the force of the Navy, Army, Marines and Navy behind me." THE COURT: "You realize that order is an order of the Court. So any failure to comply with that order is contempt, punishable by lots of dollars, punishable by possible jail, death" http://www.lawinjustice.com has an explanation of this case. Interesting to hear about a judge scolding a trustee. In Texas, they apparently do the opposite when trustees do wrong.

This is what just happened in a federal court in Texas. A Dallas business owner was involved in a civil dispute and paid millions of dollars to lawyers, and when he objected to additional fees after settling the case, they had a “friendly” judge seize all of his possessions, without any notice or hearing, and essentially ordered him under “house arrest” as an involuntary servant to the lawyers. The business owner has been under this “servant” order for 10 months and is prohibited from owning any possessions, prohibited from working, etc..

…and some quotes from the judge:

THE COURT: “I’m telling you don’t scr-w with me. You are a fool, a fool, a fool, a fool to scr-w with a federal judge, and if you don’t understand that, I can make you understand it. I have the force of the Navy, Army, Marines and Navy behind me.”

THE COURT: “You realize that order is an order of the Court. So any failure to comply with that order is contempt, punishable by lots of dollars, punishable by possible jail, death”

http://www.lawinjustice.com has an explanation of this case.

]]> Comment on Fraudulent Transfer into Homestead? Klinglesmith by John Smith http://www.bankruptcylawfortlauderdaleblog.com/fraudulent-transfer-into-homestead-klinglesmith/comment-page-1#comment-6095 John Smith Thu, 25 Aug 2011 16:42:06 +0000 http://www.bankruptcylawfortlauderdaleblog.com/?p=430#comment-6095 This bankruptcy case involved multiple financial transactions -- loans, loan repayments, and property transfers -- between William Allen Klinglesmith and his parents, Edward and Sharon Klinglesmith. The decision notes that it was troubling that more than $350,000.00 of the money received from his parents could not be accounted for. Klinglesmith's father is an Elder and officer at one of the Melbourne area Kingdom Halls of Jehovah's Witnesses. Should not the court have found some significance in the fact, that at a time when Bill Klinglesmith owed his business partners what was later determined to be $438,000.00, that Klinglesmith made a $130,000.00 donation to "the Jehovah's Witness church"? This bankruptcy case involved multiple financial transactions — loans, loan repayments, and property transfers — between William Allen Klinglesmith and his parents, Edward and Sharon Klinglesmith. The decision notes that it was troubling that more than $350,000.00 of the money received from his parents could not be accounted for.

Klinglesmith’s father is an Elder and officer at one of the Melbourne area Kingdom Halls of Jehovah’s Witnesses.

Should not the court have found some significance in the fact, that at a time when Bill Klinglesmith owed his business partners what was later determined to be $438,000.00, that Klinglesmith made a $130,000.00 donation to “the Jehovah’s Witness church”?

]]> Comment on Aranda: New Tenants by the Entireties Case by Jeffrey Solomon http://www.bankruptcylawfortlauderdaleblog.com/aranda-new-tenants-by-the-entireties-case/comment-page-1#comment-4005 Jeffrey Solomon Sat, 05 Feb 2011 15:58:23 +0000 http://www.bankruptcylawfortlauderdaleblog.com/?p=163#comment-4005 I thank you for your response. Frankly, there is such a huge amount of spam that I do not routinely look at responses. If you would like to make a post on Gellen, please feel free to do so(and separately let me know you have done so). A response to my Osborne post as it affects your hearing would also be interesting. I thank you for your response. Frankly, there is such a huge amount of spam that I do not routinely look at responses. If you would like to make a post on Gellen, please feel free to do so(and separately let me know you have done so). A response to my Osborne post as it affects your hearing would also be interesting.

]]> Comment on Aranda: New Tenants by the Entireties Case by Josiah E Hutton, Esq. http://www.bankruptcylawfortlauderdaleblog.com/aranda-new-tenants-by-the-entireties-case/comment-page-1#comment-4004 Josiah E Hutton, Esq. Sat, 05 Feb 2011 15:32:53 +0000 http://www.bankruptcylawfortlauderdaleblog.com/?p=163#comment-4004 Mr. Solomon: Thank you for your timely and relevant articles as to BK and Mortgage foreclosure issues. I have been practicing in the MDF for the past 20 years, and have had several of these issues as to TBE, Super-exemption application, and homestead issues pending for some time. I actually have a hearing on Tuesday on the super-exemption issue that was just decided in Osborne that has been pending since last March. I have been watching and researching, and this was the first report of the ruling I have seen. I also had the Ransom case on my "watch" list to check the application thereof, and the Aranda case as to TBE issues. Your posts are extremely timely and most informative. I have bookmarked your site and will return often. I have not checked your archives, but have you reported on the Gellen case as to the "double-cramdown" rule? Josiah E. Hutton Mr. Solomon:

Thank you for your timely and relevant articles as to BK and Mortgage foreclosure issues. I have been practicing in the MDF for the past 20 years, and have had several of these issues as to TBE, Super-exemption application, and homestead issues pending for some time. I actually have a hearing on Tuesday on the super-exemption issue that was just decided in Osborne that has been pending since last March. I have been watching and researching, and this was the first report of the ruling I have seen. I also had the Ransom case on my “watch” list to check the application thereof, and the Aranda case as to TBE issues. Your posts are extremely timely and most informative. I have bookmarked your site and will return often. I have not checked your archives, but have you reported on the Gellen case as to the “double-cramdown” rule?

Josiah E. Hutton

]]> Comment on The new bankruptcy law: Are the banks really surprised? by long island bankruptcy lawyer http://www.bankruptcylawfortlauderdaleblog.com/the-new-bankruptcy-law-are-the-banks-really-surprised/comment-page-1#comment-3996 long island bankruptcy lawyer Sat, 05 Feb 2011 03:10:36 +0000 http://www.bankruptcylawfortlauderdaleblog.com/?p=10#comment-3996 Fantastic information you have provided. Keep up with the good work. Fantastic information you have provided. Keep up with the good work.

]]> Comment on The new bankruptcy law: Are the banks really surprised? by Harvey Lagrave http://www.bankruptcylawfortlauderdaleblog.com/the-new-bankruptcy-law-are-the-banks-really-surprised/comment-page-1#comment-340 Harvey Lagrave Fri, 20 Aug 2010 16:48:26 +0000 http://www.bankruptcylawfortlauderdaleblog.com/?p=10#comment-340 Thank you for your summary. Your concise presentation is appreciated. Keep up the good work. Thank you for your summary. Your concise presentation is appreciated. Keep up the good work.

]]> Comment on The new bankruptcy law: Are the banks really surprised? by franchise law http://www.bankruptcylawfortlauderdaleblog.com/the-new-bankruptcy-law-are-the-banks-really-surprised/comment-page-1#comment-297 franchise law Thu, 19 Aug 2010 18:48:55 +0000 http://www.bankruptcylawfortlauderdaleblog.com/?p=10#comment-297 Hello, I was sitting here at my law office and came across your website when searching on . Just desired to say fantastic job, and as a business lawyer I hope my website can be as informative as yours. Hello, I was sitting here at my law office and came across your website when searching on . Just desired to say fantastic job, and as a business lawyer I hope my website can be as informative as yours.

]]> Comment on Student Loans in Bankruptcy by bankruptcy papers http://www.bankruptcylawfortlauderdaleblog.com/student-loans-in-bankruptcy/comment-page-1#comment-57 bankruptcy papers Thu, 22 Jul 2010 18:06:27 +0000 http://www.bankruptcylawfortlauderdaleblog.com/?p=25#comment-57 Generally I do not comment on websites, but I'd like to mention that this article has forced me to do so! Thank you for your perceptive post. Generally I do not comment on websites, but I’d like to mention that this article has forced me to do so! Thank you for your perceptive post.

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