Troutman Sanders

JANUARY 29, 2024

The debt purchaser in In re McIntosh argued that because it was enforcing a debt that was not listed correctly on the debtor’s bankruptcy schedules, it was entitled to assume the debt had not been discharged. As background, in 2002, the debtor and her then-spouse jointly filed a “no asset” Chapter 7 bankruptcy petition.

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Debt Free Colorado

OCTOBER 21, 2024

Our Bankruptcy Lawyers are Your Local Legal Lifeline Are you looking for bankruptcy lawyer in Denver, CO ? When considering bankruptcy, having an experienced attorney by your side is essential. Bankruptcy laws can be complex and are always subject to change. It can help reduce debt and stop creditors from bothering you.

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Debt Free Colorado

OCTOBER 25, 2024

Bankruptcy might be the solution you need. Bankruptcy lawyers in Denver, CO can also help you with the process. Business bankruptcy allows businesses struggling with debt to have a renewed financial status. This article will help you understand the ins and outs of Colorado business bankruptcy. What is Bankruptcy?

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Sawin & Shea

APRIL 24, 2024

Before someone makes a bankruptcy filing, it is not uncommon for debtors to feel as if they have to make some tough decisions. Which creditors can they pay? This typically occurs because the debtor doesn’t have the money to pay all of their creditors, so they feel they need to rank which ones are more important to pay first.

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Roths Child Law

AUGUST 23, 2024

These creditors often use multiple ways to contact the debtor to demand payment. For a person who has too many debts and not enough income, filing for bankruptcy is one option they have to reclaim their financial future. One of the benefits of filing for bankruptcy is the automatic stay. What is the automatic stay?

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Sawin & Shea

AUGUST 17, 2022

There are two primary types of bankruptcies that a person might file when struggling to pay their debts: Chapter 7 and Chapter 13. In a Chapter 13 bankruptcy , the debtor agrees to a payment plan instead of having their property taken to pay creditors. Nonexempt assets can still be used to pay creditors.

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Roths Child Law

MAY 17, 2024

A decision to file for bankruptcy is one that’s usually not made without considerable thought. Many consumers file for Chapter 7, which is known as the liquidation bankruptcy, or Chapter 13, which is known as the wage-earner’s bankruptcy. Means test In order to file for Chapter 7 bankruptcy, a filer has to pass the means test.

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Debt Free Colorado

SEPTEMBER 14, 2024

Our Bankruptcy Lawyers are Your Local Legal Lifeline Are you looking for bankruptcy lawyer in Denver, CO ? When considering bankruptcy, having an experienced attorney by your side is essential. Bankruptcy laws can be complex and are always subject to change. It can help reduce debt and stop creditors from bothering you.

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ABI

JANUARY 19, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff A bankruptcy discharge order absolves debtors of their pre-bankruptcy debts and seeks to provide debtors with a fresh start to their financial life. 2] Prior to her bankruptcy case, Bruce stopped paying her Citi credit card bill.

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Sawin & Shea

JUNE 25, 2020

After you file for bankruptcy, it is illegal for your creditors to continue contacting you and asking for payments. If a creditor breaks the law, you can contact a lawyer to pursue a case against them. Here is a closer look at how you can take action against creditor harassment. Finally, you can have some peace!

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Sawin & Shea

JANUARY 19, 2022

Filing your taxes and filing for bankruptcy are two things that can be confusing and challenging on their own. When you put the two together, it can cause debtors even more stress. Bankruptcy lawyers are important to work with when you file for bankruptcy, but they can be helpful and offer guidance even after you’ve filed.

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Sawin & Shea

JANUARY 5, 2022

Filing for bankruptcy is often a necessary yet scary and confusing process for debtors. While you may not want to file bankruptcy, it is often the best choice if you are struggling to get by. Though filing for bankruptcy is a challenging process, it will go a lot smoother if you look into hiring an attorney to help.

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Sawin & Shea

MARCH 28, 2023

If you’re considering filing Chapter 7 or Chapter 13 bankruptcy, you need to be aware of the different components of the filing process, including the role of the bankruptcy trustee. When starting the filing process, the bankruptcy trustee will investigate your finances and assets to determine whether you’re eligible to file.

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Roths Child Law

JUNE 25, 2024

When facing financial hardship, filing for Chapter 13 bankruptcy can provide a path to recovery as it reorganizes debt. As part of the process, a bankruptcy trustee oversees the case. If you are considering filing for bankruptcy, how can understanding the trustee’s role be crucial in navigating your potential Chapter 13 case?

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PBWT

MARCH 7, 2021

It is well known in the restructuring world that a debtor in bankruptcy can’t get a PPP loan. But what if you’re a debtor and decide a PPP loan could save your business? The issue arose recently where a chapter 11 debtor already had DIP financing in place. The debtor is an event design company.

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Sawin & Shea

AUGUST 9, 2022

Bankruptcy can be an overwhelming and challenging process. Understandably, this can make dealing with a bankruptcy seem impossible. However, as overwhelming as it all may seem, bankruptcy is often the best choice for many people, especially those who are struggling with crushing debt. How Does Reaffirmation of Debt Work?

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PBWT

JUNE 3, 2021

A creditor in bankruptcy must normally file a proof of claim by a certain specified time, known as the bar date, or have its claim be barred. Can the creditor then take advantage of this provision, or does it only apply when the creditor matrix is not timely filed at all?

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Sawin & Shea

DECEMBER 7, 2022

If you’re struggling with crippling debt this holiday season, filing for bankruptcy may be your best option for getting your finances back on track. Here’s what you need to know about getting through the holidays during bankruptcy. Those who are about to file for bankruptcy should also avoid accumulating substantial debt.

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Fraser

JUNE 25, 2020

It should come as no surprise, therefore, that the economic downturn has led to a surge in corporate bankruptcy filings. According to data from Epiq Global, 722 companies sought bankruptcy protection around the U.S. For creditors to maximize their recoveries, they must stay informed and take action during a bankruptcy proceeding.

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PBWT

MAY 22, 2022

When a firm files for bankruptcy, SIPC provides insurance coverage that will help replace or restore the customers’ cash and investments. Should a firm file for bankruptcy, customers’ investments held in custodial wallets might be considered property of the bankrupt company.

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Troutman Sanders

FEBRUARY 22, 2023

In a unanimous decision, the Supreme Court held that § 523(a)(2)(A) of the Bankruptcy Code precludes a debtor from discharging a debt obtained by fraud, regardless of the debtor’s own culpability. As background, in 2005, the debtor and her then-boyfriend jointly purchased a house in San Francisco. In Bartenwerfer v.

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Collections Law

SEPTEMBER 10, 2021

There is no question that a bankruptcy filing can frustrate your attempt to collect on a debt from another business in Massachusetts. You may still receive some payment through bankruptcy, even if you cannot collect on the entire amount the business owes you. You should not give up, though. At Law Offices of Alan M.

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FFGN COLLECT NY

JUNE 12, 2022

Are you or your collection attorney attempting debt collection efforts even though the debtor filed for bankruptcy? Enforcing a claim and/or a judgment against an entity or individual who has an active bankruptcy pending or who has received an order discharging them from liability is more than a bad idea. The debtor did not pay.

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Sawin & Shea

DECEMBER 14, 2023

With that being said, cryptocurrency bankruptcy has also become more common. Due to the unprecedented nature of cryptocurrencies, many wonder whether these digital holdings are exempt during bankruptcy proceedings. In this blog, you’ll learn all about cryptocurrency and bankruptcies, including whether these investments are exempt.

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Sawin & Shea

FEBRUARY 16, 2022

An emergency bankruptcy is a bankruptcy filing method that expedites the filing process to stop creditors and bill collectors from seeking debts from borrowers. Individuals can file an emergency bankruptcy, also known as a skeleton bankruptcy, under Chapter 7 and Chapter 13. When to File an Emergency Bankruptcy.

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Fraser

JULY 21, 2020

As the bankruptcy wave continues to build, more businesses are being forced to deal with bankrupt customers. What’s worse—and which often comes as a big surprise—is when a business gets sued by the debtor or bankruptcy trustee seeking to recover payments made by the debtor before the bankruptcy.

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ABI

JANUARY 19, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff Section 1112(b) of title 11 of the United States Code (the “Bankruptcy Code”) provides that a chapter 11 case may only be dismissed for cause. [1] Daniella Sesto St. 4] Aearo sold these earplugs to the United States Military. 10] The U.S.

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Sawin & Shea

MARCH 6, 2024

Two of the most common options for dealing with unmanageable debt are filing for bankruptcy and pursuing debt consolidation. Bankruptcy and debt consolidation are distinct solutions, each with advantages and potential drawbacks. Creditors do not have to participate. The issue with these programs is that they are voluntary.

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Roths Child Law

AUGUST 2, 2024

Bankruptcy can help people who have large amounts of debt. Before you file for bankruptcy, you should understand what the process can do for you and your bankruptcy options. What debts can you relieve with bankruptcy? What type of bankruptcy should you file for? Here is what you should know: 1.

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PBWT

FEBRUARY 5, 2023

This post is about a junkyard, hogs getting slaughtered, and a bankruptcy judge poised to sanction a creditor and her counsel. More specifically, in this case, a junkyard is the location of the debtor’s property, which consists of “construction debris, scrap piles, tire mounds, collapsed trailers, and inoperable vehicles.”

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Roths Child Law

NOVEMBER 16, 2022

People who have too much debt and can’t make payments often declare bankruptcy to help relieve them of their financial obligations. This often saves debtors from the long-term damages and consequences of unpaid debt. Here’s what you should know: What is Chapter 7 bankruptcy? What is Chapter 13 bankruptcy?

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Troutman Sanders

FEBRUARY 16, 2024

Bankruptcy Court for the District of Iowa, absent a plan provision providing otherwise, those funds revert to the debtors. In In re McCrorey , the debtors confirmed a chapter 13 plan, which required them to make payments for 60 months and provided no payments to unsecured creditors. According to the U.S.

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In the Red

NOVEMBER 23, 2020

Each year amendments are made to the rules that govern how bankruptcy cases are managed — the Federal Rules of Bankruptcy Procedure. The amendments address issues identified by an Advisory Committee made up of federal judges, bankruptcy attorneys, and others. The rule amendments are ultimately adopted by the U.S.

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Jimerson Firm

FEBRUARY 11, 2022

A construction project to a screeching halt when a property owner files for bankruptcy, creating a serious risk of substantial losses for the contractor, as well as subcontractors and suppliers. What Happens When a Property Owner Files for Bankruptcy? The Impact of Bankruptcy on the Construction Contract. See 11 U.S.C. §

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Sawin & Shea

FEBRUARY 14, 2024

If you or a loved one has recently filed for bankruptcy or are considering bankruptcy, you may wonder who may find out about your financial situation. That said, we’re here to answer common questions regarding the accessibility of bankruptcy information and whether these documents are part of public records.

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ABI

JANUARY 13, 2022

American Bankruptcy Institute Law Review Staff. . In In re Marlena Joy Pizzo , the United States Bankruptcy Court for the District of South Carolina held that a debtor may voluntarily contribute to her retirement plan while paying creditors under a bankruptcy plan. [1] John’s University School of Law.

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Roths Child Law

MAY 7, 2023

Are you struggling with overwhelming debt and considering bankruptcy as a way out? If so, you may have heard of Chapter 7 and 13 bankruptcy. Bankruptcy is a legal process that allows individuals or businesses to eliminate or reorganize their debt. Any remaining debt is then discharged, giving the debtor a fresh financial start.

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