bankruptcy trustee

Why Replace Chapter 7 Bankruptcy Trustees Now?

05/21/14

NowHiring-Flickr-413132671When someone leaves a job, is it always necessary to replace them?  The bankruptcy system’s watchdog seems to think so, even if that makes little sense.

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Creditors Plan To Snatch Assets From Bankruptcy Trustees

09/25/12

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Creditors are starting to talk up how to snatch assets away from bankruptcy trustees who don’t even know they’re coming.

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Mortgage Liens Declared Invalid in Central Illinois Bankruptcy Court

08/17/12

A Central Illinois Bankruptcy Court Judge ruled the trustee who oversees administration of a bankruptcy case can avoid mortgage liens that do not comply with an Illinois law that requires the mortgage contain notice of the interest rate, loan amount and maturity due date.  See In re Crane [Crane vs. Richardson, CDIL 11-09067], on appeal to US District Court.

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341 Meeting Understanding the Process

07/31/12

Bankruptcy is a complex solution to a complex problem. It can be an intricate process,especially when it comes to Chapter 7 bankruptcy. One aspect of that process is the 341 Meeting. While its name may sound like legal gobbledygook, its purpose in the bankruptcy process is vital. The Purpose of a 341 Meeting The 341 [...]

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Are Consumer Bankruptcy Attorneys Biased Towards Chapter 13 Bankruptcy?

01/27/12

Are Consumer Bankruptcy Attorneys Biased? In my experience, absolutely not. In fact, consumer bankruptcy attorneys are among the most dedicated the legal profession has to offer, performing what is sometimes a thankless job for people who are under tremendous stress both financially and emotionally. However, like any large group, there are areas that the consumer [...]

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What is Bankruptcy?

12/16/11

Bankruptcy Relief Hasn’t Always Been Available Bankruptcy is a process under federal law whereby individuals as well as businesses can shed unmanageable debt and start over. Under the right circumstances, filing for bankruptcy can provide tremendous relief, however, for much of history, the concept of discharging debt was quite foreign. Historically, individuals who could not [...]

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Bankruptcy Reform

10/22/11

People who are facing mortgage foreclosure routinely ask me if they can get their house payment lowered by filing bankruptcy.  This question highlights a common misconception of bankruptcy law, and may be the result of news articles dealing with the mortgage foreclosure crisis.  Last year the House of Representatives passed H.R. 1106: The Helping Families Save Their Homes Act [...]

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The Barton Doctrine and Trustee Lawsuits

10/21/11

So you want to sue a bankruptcy trustee? First get in line. Next, come to the realization that it might not be quite as easy as you’d think. Before a trustee can be sued for actions that fall within their official duties of administering the bankruptcy estate, the plaintiff must seek permission from the trustee’s [...]

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