PBWT

NOVEMBER 30, 2022

Fitzgerald , the Supreme Court decision last June that invalidated the 2018 difference in fees between bankruptcy cases filed in Bankruptcy Administrator judicial districts and U.S. In 2011, it filed for bankruptcy in the District of Connecticut, a U.S. Trustee judicial districts.

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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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In the Red

NOVEMBER 2, 2021

. Each year amendments are made to the Federal Rules of Bankruptcy Procedure, which govern how bankruptcy cases are managed. 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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Burr Forman

MAY 1, 2023

The Seventh Circuit held that the plaintiff, a Chapter 7 bankruptcy debtor, did not allege a concrete injury where he asserted that the defendant's collection letters "confused," "scared," and "alarmed" him.

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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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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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Collection Industry News

OCTOBER 17, 2022

This entry is part of Nelson Mullins’s ongoing “Bankruptcy Basics” blog series that is intended to address foundational aspects of bankruptcy for non-bankruptcy practitioners and professionals. This entry will discuss sales of assets “free and clear” under section 363 of the Bankruptcy Code.

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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. A bankruptcy attorney can help you determine the best kind of bankruptcy filing for your circumstances.

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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. Ways Debtors Try to Hide Their Assets in Bankruptcy.

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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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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

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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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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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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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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Sawin & Shea

FEBRUARY 22, 2023

And although there are benefits to obtaining this type of mortgage, debtors often have to pay increased interest and monthly payments. These increased payments can put financial pressure on debtors, leading them to fall behind on their housing payments. Adjustable rate mortgages have been on the rise in recent years.

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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

APRIL 3, 2024

Filing for bankruptcy is a great financial option for those struggling with cumbersome debt. But you may be wondering, “What Is the Impact of Bankruptcy on Professional Licenses and Certifications?” How Will Filing Bankruptcy Impact My Professional License?

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Roths Child Law

OCTOBER 27, 2023

Bankruptcy is a tool debtors can use to resolve their debt obligations. There are many bankruptcy options. One of the most common is Chapter 7 bankruptcy. This form of bankruptcy helps resolve large amounts of debt with very little consequences. How long must you wait? What are the penalties for filing again?

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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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Roths Child Law

JANUARY 12, 2024

Filing for bankruptcy is often treated as a last resort for those overwhelmed by debt, partially because there's a common misconception that it can lead to the loss of all of one’s personal assets. Only particularly valuable non-exempt assets are at risk of being sold during a Chapter 7 bankruptcy case.

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Debt Free Colorado

DECEMBER 30, 2023

Bankruptcy is Not Always Disadvantageous for Your Retirement Savings In today’s economic landscape, unforeseen challenges can lead individuals to consider bankruptcy as a viable option. One crucial aspect that often concerns people contemplating bankruptcy is the fate of their retirement savings.

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Debt Free Colorado

JANUARY 20, 2024

Learn to Eliminate Medical Debts Through Bankruptcy Bankruptcy and medical debt relief have become buzzwords for those with financial problems due to unexpected health issues. It is crucial to understand the intricacies of bankruptcy and medical debt relief in Broomfield, CO, for a stable financial future.

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Account Recovery

JANUARY 13, 2022

The Bankruptcy Appellate Panel, Ninth Circuit, has overturned a bankruptcy’s court ruling that awarded a debtor attorney’s fees after a debt collector filed proofs of claim that were time-barred. A copy of the ruling in the case of LVNV Funding v. Andrade-Garcia can be accessed by clicking here.

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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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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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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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Sawin & Shea

FEBRUARY 7, 2024

If you’re considering filing for Chapter 7 or Chapter 13 bankruptcy , you need to know how much you should expect to pay for filing fees and other necessary expenses. You may also wonder whether you can file bankruptcy, no money down. It is possible to file for bankruptcy with no money, but only in very limited circumstances.

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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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Sawin & Shea

AUGUST 23, 2023

With these kinds of figures, it isn’t surprising that we often get the question from clients: Does filing for bankruptcy eliminate debt? Bankruptcy Explained Bankruptcy is a powerful legal process that can help individuals or businesses that are overwhelmed by debt get a fresh start and a path to rebuild. And we have the answer.

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Credit Corp

FEBRUARY 23, 2024

Getting back on your feet after bankruptcy can be a gradual process, but it doesn’t mean you have to give up on your dream of buying a home. In fact, buying a house is possible just a couple of years after you file for bankruptcy. Read on to learn more about buying a house after bankruptcy.

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PBWT

JANUARY 15, 2021

We have blogged previously about section 546(e) , the Bankruptcy Code’s safe harbor for certain transfers otherwise subject to avoidance as preferences or fraudulent transfers. In both cases, the “agreements or transactions” must be “with the debtor or any other entity.” See 11 U.S.C. § § 546(e).

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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

SEPTEMBER 6, 2023

People file for bankruptcy for any number of reasons, from job loss to unpaid medical bills to an unaffordable mortgage. If you’re considering filing for bankruptcy, you’re not alone; roughly 375,000 people filed for bankruptcy in 2022, and home foreclosure filings rose 115% in 2022 over the number of foreclosures in 2021.

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Sawin & Shea

DECEMBER 29, 2021

The bankruptcy process involves looking at your assets. In a Chapter 7, or liquidation bankruptcy, some of your property may not be protected, and you could lose it. However, after you file, a bankruptcy trustee will review your list of exempted assets to determine whether or not you have the right to protect the claimed property.

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ABI

JANUARY 25, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff Section 363 of title 11 of the United States Code (the “Bankruptcy Code”) allows a debtor to sell its bankruptcy assets free and clear of liens and interests only if certain circumstances are met. [1] Jae Hwang St. 22] [1] See 11 U.S.C. §

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ABI

JANUARY 28, 2024

John’s University School of Law American Bankruptcy Institute Law Review Staff In Ferrandino & Son, Inc. Sahene Construction L.L.C. ( In re Sahene Construction), the United States Bankruptcy Court for the District of Louisiana held that a non-debtor defendant was not entitled to protection of an automatic stay.

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