Class certification was warranted in a breach of contract and fraud action brought by a Chapter 7 debtor against a mortgage servicing agent on grounds that the common issues of law or fact would predominate and a class action was a superior method of adjudicating the dispute. The action, which arose from the agent’s alleged [...]
A clause in an operating agreement for a limited liability company (LLC), indicating that a member of the LLC would cease to be a member upon his or her filing of a voluntary dallas bankruptcy petition, did not serve to prevent a founding member of the LLC who subsequently filed for Chapter 11 relief from [...]
Under Kansas law as predicted by a bankruptcy court in Kansas, a notary’s acknowledgement of a Chapter 7 debtor’s signature on a mortgage that he had executed prepetition was patently defective and incomplete, and was not entitled to be recorded. The certificate of acknowledgement failed to state the date of the notarial act, but indicated [...]
To determine whether Chapter 7 debtors were domiciled in Missouri for the entire 730-day period “immediately preceding the date of the filing” of their dallas bankruptcy lawyer petition, as required for them to claim state law exemptions under Missouri law, the court had to start with the petition date and count backwards, with the date [...]
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