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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Sawin & Shea

JANUARY 4, 2024

Filing for Chapter 13 bankruptcy is a positive step during a challenging time in your life. Instead of fighting with your creditors, you work with them proactively in the bankruptcy process to resolve your debts. In some cases, you may be eligible for a Bankruptcy Hardship Discharge.

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Sawin & Shea

MAY 2, 2024

If you’re struggling with overwhelming debt, you may be wondering if bankruptcy is the right solution for your financial situation. One of the most common questions people have is “How Much Debt is Needed to File for Bankruptcy?” However, that doesn’t mean bankruptcy is the best option for everyone with debt.

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ABI

JANUARY 22, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff Under chapter 12 of title 11 of the United States Code (the “Bankruptcy Code”), a family farmer or fisherman can restructure its debts. In a Chapter 12 bankruptcy, the debtor generally proposes a plan for repaying creditors from future earnings. [1]

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Burr Forman

JANUARY 26, 2022

Meek have been recognized in the January 2022 issue of Lawdragon’ s “500 Leading Bankruptcy & Restructuring Lawyers” List. Lawdragon says, “The start of the pandemic brought expectations for mountains of commercial bankruptcy work. Golden was named in the Bankruptcy & Commercial Litigation specialty.

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Sawin & Shea

NOVEMBER 1, 2023

Because of the serious burden medical debts have placed on Americans, many are turning to bankruptcy as a potential option. However, while bankruptcy can help, it’s important to understand how the process works, especially concerning your medical debt. Can You File Bankruptcy on Medical Bills? Does Bankruptcy Clear Medical Debt?

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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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Debt Free Colorado

JANUARY 27, 2022

You’ve undoubtedly heard of bankruptcy. Some people swear they’ll never file bankruptcy, while others regularly use it as a tool. Our competent bankruptcy attorney at Dray Legal can explain this in more detail. Our competent bankruptcy attorney at Dray Legal can explain this in more detail.

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PBWT

JANUARY 29, 2023

In 2022, there were several high-profile crypto bankruptcy filings. A big question in these cases is whether there will be any money to satisfy unsecured creditor claims. If there are funds to distribute, then the creditors’ claims will become more valuable, and the cases will become even more interesting.

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PBWT

OCTOBER 27, 2021

In many chapter 11 cases, creditors’ committees can play a vital role in maximizing the recoveries of unsecured creditors. But the powers of creditors’ committees are circumscribed by both the Bankruptcy Code and case law. Bankruptcy Judge Joseph N. ’" Id. 3d 96, 100 (2d Cir.

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Debt Free Colorado

DECEMBER 9, 2021

Are you considering bankruptcy? Bankruptcy is a challenging, life-altering experience. . If you are considering consulting with an attorney about your debt-relief options, it is essential to remember that each type of bankruptcy comes with its advantages and disadvantages. . Advantages of Chapter 7 Bankruptcy.

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Taurus Collect

DECEMBER 29, 2022

You have to deal with bad debts and clients who have filed for bankruptcy. Read on to understand what to do when a client files for bankruptcy. Under the law, creditors cannot communicate with the debtor if they have filed for bankruptcy. If that is the case, it becomes impossible for them to pay back all their creditors.

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Sawin & Shea

JANUARY 12, 2022

Debt elimination is typically one of the primary reasons a debtor will pursue bankruptcy. While filing for bankruptcy is often the best course of action if you are overwhelmed by debt and struggling to stay afloat, it’s important to understand what debts can and cannot be discharged in bankruptcy. How Debt Discharge Works.

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Troutman Sanders

NOVEMBER 8, 2023

Ultimately, the plaintiff filed for chapter 7 bankruptcy protection, listed the defendant as an unsecured creditor, and obtained a discharge of her debt. The defendant offered a “pause” program that allowed the plaintiff to suspend service for up to nine months at a cost of $5 per month, which the plaintiff accepted.

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PBWT

JANUARY 30, 2023

The concept of “property of the estate” is important in bankruptcy because it determines what property can be used or distributed for the benefit of the debtor’s creditors. A recent decision from the United States Bankruptcy Court of the Southern District of New York illustrates such a situation.

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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] Tags: Consumer Bankruptcy

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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. The debtor’s motion to dismiss drew creditor opposition. But the court concluded that allowing the debtor out of bankruptcy to seek a PPP loan made sense. The bankruptcy stayed the arbitration against the debtor.

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Sawin & Shea

APRIL 10, 2024

Chapter 7 bankruptcy is a great financial solution for those struggling with debt, especially unsecured debts. With Chapter 7 bankruptcy, you as the debtor can discharge most unsecured obligations after liquidating nonexempt assets. For experienced bankruptcy lawyers in Indiana, contact Sawin & Shea, LLC.

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Sawin & Shea

SEPTEMBER 22, 2021

If you are married and preparing to file for bankruptcy, you may be wondering how it will affect your spouse. While you can file individual bankruptcy, there are still potential consequences for your spouse. In most cases, a judge will reverse the transfer, especially if it is apparent that it was done to evade creditors.

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Sawin & Shea

SEPTEMBER 22, 2021

If you are married and preparing to file for bankruptcy, you may be wondering how it will affect your spouse. While you can file individual bankruptcy, there are still potential consequences for your spouse. In most cases, a judge will reverse the transfer, especially if it is apparent that it was done to evade creditors.

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Sawin & Shea

SEPTEMBER 21, 2022

Filing for Chapter 13 bankruptcy can be both challenging and stressful. An increase in income will likely impact your Chapter 13 repayment plan, and you are obligated to report wage increases to your bankruptcy trustee. For experienced Chapter 13 bankruptcy attorneys in Indiana , contact the offices of Sawin & Shea, LLC.

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PBWT

APRIL 6, 2021

Unsecured Creditors Committee et al. , Bankruptcy Court for the District of New Mexico confirmed a plan that had been proposed by the unsecured creditors' committee. The debtor hired a criminal defense attorney, but the bankruptcy court denied the debtor’s application to retain defense counsel.

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ABI

JANUARY 23, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff Section 365(a) of title 11 of the United States Code (the "Bankruptcy Code") allows a bankruptcy trustee to assume and assign an executory contract of the debtor. [1] at *8 (citing Unsecured Creditors’ Comm. 11] Id.

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Sawin & Shea

APRIL 17, 2024

Chapter 13 bankruptcy is an invaluable financial tool for those struggling with overwhelming debt, and it can pave the way for a fresh start. Unlike Chapter 7 , Chapter 13 bankruptcy allows you to avoid liquidating your non-exempt assets. What Is a Chapter 13 Bankruptcy Filing?

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PBWT

OCTOBER 28, 2020

In December of last year, we wrote about the Fifth Circuit’s two decisions – Ultra I , from January 2019, and Ultra II , from December, which replaced Ultra I – regarding make-whole claims in the Ultra Petroleum bankruptcy cases. The Fifth Circuit remanded this question to the Bankruptcy Court. You can find it here.

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Foster Swift

JULY 8, 2020

A Chapter 13 bankruptcy plan requires a debtor to satisfy unsecured debts by paying all “projected disposable income” to unsecured creditors over a five-year period. In a recent case before the U.S. 1] Read More › Tags: 6th Circuit Court of Appeals , Chapter 13.

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Debt RR

APRIL 22, 2021

Now you hear the dreaded news: Your non-paying customer is filing for bankruptcy. However, if the debtor owes a significant amount, you may want to consider pursuing the debt in bankruptcy court. A Chapter 11 commercial bankruptcy filing is a serious legal matter that brings its own unique set of time constraints.

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PBWT

OCTOBER 20, 2020

In an important affirmation of the rights and duties of a creditors’ committee, Bankruptcy Judge David T. 1] Prior to filing for bankruptcy in 2018, the Roman Catholic Church of the Archdiocese of Santa Fe reportedly made transfers totaling more than $150 million to certain trusts. the actual, necessary expenses.

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ABI

JANUARY 19, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff An unpaid secured lender with a prepetition mortgage does not have a right to receive payment of proceeds from a postpetition sale of real property. 2] In 2022, the Debtor commenced a chapter 11 bankruptcy case. [3]

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PBWT

JULY 25, 2021

Debtors are permitted to pay them amounts owing when a bankruptcy case is filed. Accordingly, critical vendors often recover more on their pre-petition claims than other unsecured creditors. In other words, critical vendors could receive a full recovery, while other creditors only receive a fraction of what they are owed.

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PBWT

JULY 8, 2020

These claims are entitled to priority for actual and necessary goods and services supplied to a debtor in bankruptcy. The goods or services must result in a benefit to the bankruptcy estate. Some of Whistlers’ creditors also filed an involuntary chapter 11 petition against Whistler. § 503(b)(1)(A). 3d 432 (5 th Cir.

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PBWT

MARCH 2, 2021

. – a North Carolina-based department store chain – and its affiliates filed voluntary petitions under Chapter 11 of the Bankruptcy Code. Less than 24 hours later, Bankruptcy Judge Marvin Isgur of the United States Bankruptcy Court for the Southern District of Texas entered an order confirming Belk’s Chapter 11 plan.

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Hudson Weir

SEPTEMBER 11, 2023

Once a business is insolvent, directors’ duty must shift towards the company creditors – that includes any providers of unsecured or secured loans. Naturally, this could have significant implications for directors’ financial situation and in some cases, it leads to bankruptcy.

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Sawin & Shea

MARCH 23, 2021

Car repossession is one of the many reasons people contact the Indiana bankruptcy attorneys here at Sawin & Shea. You may still have the option of keeping your car through bankruptcy. Bankruptcy Offers a Way to Keep Your Vehicle. Filing for Bankruptcy ASAP. Let’s look at what you can do to prevent losing your car.

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ABI

JANUARY 22, 2023

John's University School of Law American Bankruptcy Institute Law Review Staff In In re PG&E Corp. , the United States Court of Appeals for the Ninth Circuit held that solvent-debtors are required to pay unimpaired creditors their bargained for post-petition interest rate. [1] 1] In January 2019, PG&E Corp.

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PBWT

JULY 28, 2022

In addition, one major cryptocurrency exchange platform recently warned investors that, in the event of bankruptcy, its users’ assets may be treated as property of the estate, which would leave users in the unfortunate position of being treated as unsecured creditors. Then, the bankruptcy filings actually started.

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CICM

JUNE 9, 2021

In this week’s guest blog, the Menzies LLP Creditor Services team highlight the areas you should be looking for on receipt of insolvency paperwork and, most importantly, whether there will be a dividend. The priority of payments in a company insolvency determines where creditors rank in terms of likely return. Unsecured creditors.

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