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Rule 2004, Bankruptcy, Discovery

Discovery in Bankruptcy Cases: Rule 2004

Rule 2004 Examination in Bankruptcy by Jamie L. Harris, Esq. Bankruptcy Rule 2004 is the basic discovery device utilized in bankruptcy cases. In addition to appearing at the meeting of creditors and being examined under oath, the debtor may also be required to submit to examination under Rule 2004. Rule

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Access, court documents, information, bankruptcy

Access to Commercially Sensitive Information in Bankruptcy

To Seal or Not To Seal: Access To Commercially Sensitive Information In Bankruptcy Proceedings By Jamie L. Harris The public has a general right of access to judicial records. Nixon v. Warner Communications, Inc., 435 U.S. 589, 597–98 (1978); In re Analytical Systems, Inc., 83 B.R. 833, 834–35 (Bankr.N.D.Ga.1987). While

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PACA Claims in Bankruptcy

PACA Claims in Bankruptcy

PACA Claims in Bankruptcy By: Jamie L. Harris The Perishable Agricultural Commodities Act of 1930 (“PACA”), as amended, 7 U.S.C. §§ 499(a)et seq. provides federal statutory protection to certain qualifying sellers of perishable agricultural products. Congress amended PACA in 1984 to establish a statutory trust for the benefit of all unpaid

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Kentucky Law: Elements of Fraud Claims

Kentucky Law: Elements of Fraud Claims

A review of Kentucky’s Fraud Claims Law By: Jamie L. Harris, Esq. Kentucky law recognizes the tort of fraud by omission, which includes the following four elements: (1) that the defendants had a duty to disclose a fact or facts, (2) that the defendants failed to disclose such fact, (3)

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How to prepare for 341 meeting.

Preparing for the 341 Meeting of Creditors

What you need to know about the 341 Meeting of Creditors For most of my clients who file for bankruptcy, the 341 Meeting of Creditors is the one thing they must do.  They never see the Judge appointed to their case, and they don’t want to!  They only meet the

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What to bring the 341 meeting

What Do I Need to Bring to 341 Meeting?

What to Bring to your 341 Meeting of Creditors   Clients always ask what to bring to their 341 Meeting of Creditors.  This question is often asked multiple times by the same person.  The 341 Meeting of Creditors is often an unknown.  Most of my clients, it is their first

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A fraudulent transfer is an attempt to avoid debt by transferring money to another person.

Kentucky Law: Fraudulent Transfers

KRS Summary on Fraudulent Transfers By: Jamie L. Harris A fraudulent transfer (fraudulent conveyance) is an attempt to avoid debt by transferring money to another person or company. It is often an issue in debtor/creditor relations, particularly in bankruptcy when referring to insolvent debtors. Kentucky Revised Statute 378.010 provides, in pertinent part,

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Small Business Bankruptcy Options

Small Business Bankruptcy

If your small business is struggling with debt, bankruptcy relief may be an option. You’re lying awake at night wondering how you’re going to make payroll.  Many of your suppliers are threatening to switch you to cash on delivery (COD) or to cancel your account all together.  You know the

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