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Anna Nicole Smith will live forever in stunning new Supreme Court decision in Stern v. Marshall!

06/24/11

The Supreme Court issued a second opinion arising from the seemingly endless litigation over claims against the estate of the late Pierce Marshall (Anna Nicole’s elderly husband of one year before his death).  In this 5-4 split opinion released yesterday (June 23, 2011), the Supreme Court significantly limited the scope of Bankruptcy Courts’ jurisdiction to [...]

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Depression, Financial Ills and Bankruptcy

06/24/11

Recently in San Diego, two extreme examples of apparent financial woes have led to tragic ends. http://www.signonsandiego.com/news/2011/jun/07/services-held-two-familie... http://www.signonsandiego.com/news/2011/jun/22/court-documents-show/ I am not trained in the matters of the impact of financial burdens on one’s mental health. I am a counselor, however, a counselor at law. As such, one of my primary duties is to listen to [...]

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Debts That Are Eliminated By Filing Chapter 7 Bankruptcy

06/24/11

Filing chapter 7 bankruptcy allows you eliminate your financial problems by reselling the non-exempt property and using the money to repay the debt amounts. According to chapter 7 laws, you need to handover your non-exempt asset to the court appointed trustee. Then the trustee trades these assets to pay the money you owe. For filing [...]

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Chapter 7 Bankruptcy

06/24/11

Declaring a chapter 7 bankruptcy lets you eliminate your financial troubles through reselling the non-exempt asset and utilizing the money to repay the overdue amounts. By which you should give all non-exempt asset to the court hired trustee. Then a person may trade these assets to settle the money you owe. So as to file [...]

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Owners of The Georgian Building in Silver Spring, Maryland File for Chapter 11 Bankruptcy Protection

06/23/11

On Wednesday, two related companies – Stellar GT TIC LLC and VFF TIC LLC – voluntarily filed for chapter 11 protection in the bankruptcy court in Greenbelt, Maryland with a pre-negotiated plan of reorganization.  The companies own an 891-unit multi-family high rise property (consisting of two 14-story apartment buildings) located at 8750 Georgia Avenue in [...]

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Why the Supreme Court’s Anna Nicole Smith case may be the beginning of the end of the bankruptcy judge system as we know it

06/23/11

The Supreme Court in the Stern v. Marshall case 10-179 decided on June 23, 2011, declared unconstitutional a bankruptcy judge’s entering a final judgment in a tort claim that is non-core.  The Court ruled that consent was irrelevant to the authority of an non-Article III bankruptcy judge to exercise judicial power by rendering a final [...]

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Filing Bankruptcy Will End Creditor Harassment

06/23/11

One of the most stressful aspects of being in debt is the constant phone calls from creditors, especially when those calls come at inopportune times (such as late at night) or at inopportune places (such as at your job). To make matters worse, occasionally these calls can be harassing or even abusive in nature. On [...]

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Listing all creditors Is Important When Filing Bankruptcy

06/23/11

Listing all creditors is important, even if you intend to keep your home, automobile or other item secured with a loan.  If it is a home or auto, as long as you keep up with your payments, you can keep the property.  You may also have to continue to make payments on other items if [...]

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Chapter 7 Bankruptcy Help

06/23/11

I have noticed a trend lately that Chapter 7 bankruptcy trustees have been asking to see the signed ECF Declaration at the 341 meeting of creditors.  This is not an item that is listed as required on the Form B9A for presentation at the meeting.  Further, this is a filed document that trustees can access [...]

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What to do if a creditor sends you a Form 1099 trying to make income out of your discharged debt

06/22/11

Creditors who were discharged in bankruptcy are not supposed to send you 1099 forms because a bankruptcy discharge is not a taxable event.  Some do it in and out of bankruptcy in order to get you to pay a debt.  I think it is a violation of the automatic stay if done during the bankruptcy [...]

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