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Monthly Archives: August 2007



The United States Court of Appeals for the Tenth Circuit recently decided Johnson v. Smith, No. 05-8089 and, in doing so, set out nicely the requirements for finding a violation of the automatic stay in bankruptcy.
The case arose when M&M Auto Outlet-Wyoming, Inc. repossessed the debtor’s pickup truck after a Chapter 13 bankruptcy petition had […]



Ride the Lightning is the new blog from Sharon Nelson, President of Sensei Enteprises, Inc. Sesei Enterprises is an electronic discovery and computer forensics firm known as experts in computer forensics.
The recent post on dealing with leaks of confidential data is proof positive that Sharon knows what she’s talking about. And her discussion […]



You’ve heard it all before - a creditor continues to send dunning notices to a debtor after the filing of a bankruptcy case. You call to notify of the bankruptcy case information and are told that they never got notice.
Another case of a misplaced court notice, or stonewalling?
You guessed it, folks - you’re being […]



The case of In re Sanchez, 2007 WL 2137790 (Bkrtcy.S.D.Tex. 2007) is the latest case in which a mortgage company got slammed for using Chapter 13 Plan payments to pay for unapproved and undisclosed post-petition fees and costs.
The Court in Sanchez held that post-petition, pre-confirmation attorney fees, costs and property inspection fees charged by the […]