Sawin & Shea

MARCH 20, 2024

You may be wondering whether you should opt for a tax attorney or a bankruptcy attorney. If you’re worried about garnishments, foreclosures , lawsuits, repossessions , or other consequences of your debt, connect with an experienced bankruptcy lawyer at Sawin & Shea as soon as possible. You deserve a fresh start.

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Sawin & Shea

JANUARY 18, 2024

Financial challenges can be overwhelming, and seeking relief through Chapter 13 bankruptcy is a viable option for many. As you think about filing bankruptcy, it’s crucial to understand the interaction between Chapter 13 and car loans. Bankruptcy can impact various aspects of your financial life, including existing car loans.

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Jimerson Firm

MAY 5, 2021

Certain entities facing ongoing financial hardship will chose to seek Chapter 11 or other bankruptcy protection, and while PPP loan and Coronavirus-related EIDL generally are forgivable, exactly how such loan default will be treated through reorganization is the subject of much current litigation and has yet to be fully determined.

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PBWT

APRIL 17, 2022

The court said that allowing the appeal to proceed would “throw the reorganization into chaos,” adding that “[i]f the doctrine of equitable mootness is meant for any case, it is this one.” Plan proponents argue that reversal on appeal would wreak havoc on a debtor’s bargained-for reorganization.

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Sawin & Shea

APRIL 13, 2021

What you will learn from reading this article: Facts about selling your home while going through bankruptcy. Details about Chapter 7 and Chapter 13 Bankruptcies and your house. You will need the advice of an experienced bankruptcy attorney as soon as possible! Chapter 7 Bankruptcy. Chapter 13 Bankruptcy.

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Albuquerque Law

OCTOBER 2, 2020

When business owners decide to file Chapter 11 bankruptcy, they suddenly have a lot on their plate. It is often beneficial to speak with a lawyer to understand all of the steps required of you when filing Chapter 11 bankruptcy, but here are five critical steps you must remember: 1. Create a reorganization plan. General income.

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ABI

JANUARY 28, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff In In re Pazzo Pazzo Inc. , 1] Facing financial distress, Berley, filed a petition for relief under Chapter 11 of the Bankruptcy Code. [2] 2] Pursuant to Berley’s confirmed Chapter 11 reorganization plan, Speedwell Ventures, L.L.C.

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PBWT

SEPTEMBER 30, 2022

To encourage parties to transact with debtors in bankruptcy, the Bankruptcy Code in corporate bankruptcies provides highest priority to “administrative expenses,” which include “the actual, necessary costs and expenses of preserving the estate.” ” 11 U.S.C. § § 503(b); id. §

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ABI

JANUARY 22, 2023

John's University School of Law American Bankruptcy Institute Law Review Staff Under section 362 of title 11 of the United States Code (the “Bankruptcy Code”), the filing of a bankruptcy petition results in an automatic stay that generally enjoins any creditor from taking any action against a debtor or its property. [1]

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Sawin & Shea

JANUARY 11, 2024

Bankruptcy filings for both individuals and businesses are on the rise. Since 2005, a debtor education course from an approved provider is mandatory for anyone who files for bankruptcy. In short, they prepare you for the challenges that come with rebuilding your finances after bankruptcy.

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Education Debtor Bankruptcy Chapter 13 bankruptcy 52

Sawin & Shea

APRIL 19, 2023

The companies that offer these short-term loans tout them as a surefire way to get out of a financial bind. You’ll also learn how bankruptcy can help if you do find yourself in an untenable financial situation. You’ll also learn how bankruptcy can help if you do find yourself in an untenable financial situation.

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Sawin & Shea

FEBRUARY 23, 2021

In this situation, you may be wondering whether bankruptcy could be a good solution. Let’s look at how bankruptcy works when you’re unemployed and whether this could be a path to clearing away all that old debt. Income Requirements for Bankruptcy. Because you’re unemployed, Chapter 7 bankruptcy might be the best choice for you.

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Sawin & Shea

MAY 26, 2020

Hi, I’m Andrew Sawin, an attorney at Sawin and Shea Bankruptcy Law Office. If you’re far enough behind that your lender won’t work with you, we’ve got some options in bankruptcy. We can sometimes even modify the terms of your car loan, extending the payment terms or reducing interest rates.

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Sawin & Shea

OCTOBER 11, 2023

People file for bankruptcy for any number of reasons, from job loss, to unpaid medical bills , to sky-high credit card bills. And it’s not an uncommon event either– roughly 375,000 people filed for bankruptcy in 2022 alone. There are some debts that filing for bankruptcy will not discharge. What do we mean by this?

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Bankruptcy Student loans Student Loans Chapter 7 bankruptcy 52

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 28, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff One of the requirements a debtor must meet in order to be eligible for Subchapter V of Chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”) is that it must be "engaged in commercial or business activities." [1] Tyler Manger St.

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Sawin & Shea

FEBRUARY 28, 2024

When filing for bankruptcy, you can discharge certain types of personal loans, meaning that you’re no longer legally responsible for paying off the debt. If you’re considering filing for bankruptcy, you need to know what personal loans you can discharge and which filing method suits your financial situation.

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Personal loans Bankruptcy Chapter 13 bankruptcy Loans 52

Sawin & Shea

JANUARY 21, 2021

If your landlord insists on keeping a large overdue amount on your account, a bankruptcy can help you clear that balance and stop them from pestering you for old rent payments. Bankruptcy may allow you to finally get your landlord off your back and stay in your rental, at least temporarily. Filing for bankruptcy is not the end.

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Albuquerque Law

OCTOBER 2, 2020

When business owners decide to file Chapter 11 bankruptcy, they suddenly have a lot on their plate. It is often beneficial to speak with a lawyer to understand all of the steps required of you when filing Chapter 11 bankruptcy, but here are five critical steps you must remember: 1. Create a reorganization plan. General income.

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Bankruptcy Lawyers Creditors Banks 40

Titan Consulting

AUGUST 23, 2020

Bankruptcy will destroy your credit and remain on your credit report for up to 10 years. You must qualify to file for bankruptcy, and your income must meet an income means test. The coronavirus brought on a global health and economic crisis unlike anything we have ever experienced, and experts do not agree on the long-term impact.

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Troutman Sanders

MARCH 7, 2023

Coughlin , case number 22-227, after the First Circuit last year barred the Lac du Flambeau Band from seeking to collect on a $1,600 debt obligation to the tribe’s lending arm, Lendgreen, after the debtor filed for Chapter 13 bankruptcy. The tribes point to the Ninth Circuit’s ruling in Krystal Energy Co.

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Bankruptcy Chapter 13 bankruptcy Debtor Government 52

BN Lawyers

MARCH 23, 2020

It can make the difference between being able to work out an arrangement with a landlord or equipment lessors and needing to file for a chapter 11 bankruptcy to save your business. Over the short term, it is usually best to continue operations—if possible—as long as your revenue exceeds your variable costs.

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Sawin & Shea

MARCH 30, 2021

Nobody wants to be in a situation where they have to file for bankruptcy, but for the self-employed, it can be a doubly crushing blow. You may even have doubts about whether or not self-employed people are eligible to file for bankruptcy. For both of these types of bankruptcy, you will need to gather some paperwork. Chapter 13.

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Credit Corp

JANUARY 24, 2024

The purpose of VA loans is to help veterans purchase homes with lower interest rates and better terms. Compensating Factors Your Lender May Take Into Account Other VA Loan Requirements How to Get a VA Loan After Bankruptcy or Foreclosure Who Qualifies for a VA Loan? One of these requirements is typically a good credit score.

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Chapter 13 bankruptcy Loans Chapter 7 bankruptcy Foreclosure 52

Direct Recovery

AUGUST 27, 2021

Filing for bankruptcy sounds incredibly intimidating, and it often has exactly the type of negative impact on credit reports that many fear. Understanding Bankruptcy Rates in California. California had more bankruptcy filings than any other state in 2021 through May. Chapter 7 Bankruptcy Rates in California.

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ABI

JANUARY 20, 2020

American Bankruptcy Institute Law Review , Staff Member. In In re Parkland Properties , the Bankruptcy Court for the Northern District of Illinois held that a debtor may implicitly waive its right to enforce a reorganization plan confirmed under Chapter 11 of Title 11 of the United States Code (the “Bankruptcy Code”). [1]

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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

AUGUST 24, 2020

I don’t know if Congress foresaw, when it enacted new Subchapter V of Chapter 11 of the Code [1] in the Small Business Reorganization Act of 2019 (“SBRA”), that debtors in pending cases would seek to convert or redesignate their cases as Subchapter V cases when SBRA became effective on February 19, 2020, but it was foreseeable.

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PBWT

OCTOBER 15, 2020

It seems to be a common misunderstanding, even among lawyers who are not bankruptcy lawyers, that litigation in federal bankruptcy court consists largely or even exclusively of disputes about the avoidance of transactions as preferential or fraudulent, the allowance of claims and the confirmation of plans of reorganization.

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PBWT

DECEMBER 22, 2020

In sophisticated real estate financing transactions, most prudent lenders attempt to deter borrowers from filing for bankruptcy before loans are paid in full by providing in loan documents that such a filing constitutes an event of default. Bankruptcy Code to delay the foreclosure.

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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. . Chapter 13 (Reorganization).

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Debt Free Colorado

JANUARY 10, 2022

When someone finds themselves in financial distress, they may consider filing for bankruptcy. But just like choosing a doctor or an in-law, not all forms of bankruptcy are the same and selecting the wrong one can wind up doing more harm than good. . Which type of bankruptcy should you take? Bankruptcy Defined.

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ABI

JANUARY 12, 2022

American Bankruptcy Institute Law Review Staff. . Section 524(g) of title 11 of the United States Code (the “Bankruptcy Code”) allows a debtor in a Chapter 11 case to establish a trust for the purpose of settling personal injury claims against the debtor based on exposure to asbestos-containing products. [1] By: Michael Quintman.

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In the Red

JANUARY 22, 2018

When it comes to decisions on bankruptcy and trademark licenses, the In re Tempnology LLC bankruptcy case is the gift that keeps on giving. Following Tempnology’s rejection of an agreement containing a trademark licensee, the New Hampshire Bankruptcy Court ruled that the licensee could no longer use the licensed trademarks.

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Collection Industry News

SEPTEMBER 29, 2020

Just in Time: New Bankruptcy Relief for Small Businesses. million) to take advantage of a new way to restructure under chapter 11 of the Bankruptcy Code. million) to take advantage of a new way to restructure under chapter 11 of the Bankruptcy Code. million of third-party debt is set to expire early 2021. By Jerrold L.

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Debt RR

DECEMBER 13, 2019

Debts can quickly cripple a business, and negotiating more favorable terms with creditors is usually the best way out. Debt restructuring is a mechanism where a business’s creditors restore liquidity by reorganizing financial obligations. It’s a last-ditch effort to avoid a Chapter 7 liquidation bankruptcy. The question is who?

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Chapter 7 bankruptcy Bankruptcy Creditors Retail 43

Burr Forman

AUGUST 20, 2020

Relying on a plain reading of Sections 1188 and 1189 of the Bankruptcy Code, Bankruptcy Judge Scott M. The Court expressly disagreed with three decisions by bankruptcy judges in other states that have permitted debtors to re-designate their cases under Subchapter V and liberally granted extensions of these statutory deadlines. [3].

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