BankruptcyQuestionsNationalBankruptcyForum

What is an “Adversary Proceeding?”

04/21/11

An adversary proceeding is a separate lawsuit that takes place in the context of a bankruptcy filing. As the name suggests, there are typically two parties fighting over some issue that requires the bankruptcy judge to decide an issue in one way or another. Adversary proceedings can be initiated by the debtor, a creditor, or [...]

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The One Asset Trustees Routinely Ignore

04/20/11

Too much debt! Phones ringing off the hook! Debt collectors are hiding out in the shrubbery behind the house. The debtor finally files for bankruptcy. A bankruptcy estate is created. A trustee is appointed with a fiduciary duty to creditors, the trustee must pursue all assets of the bankruptcy estate. The trustee requests a mountain [...]

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Lenny Dykstra Accused of Text Book Bankruptcy Fraud

04/16/11

Baseball Great Lenny Dykstra Accused of Bankruptcy Fraud It’s important to point out that Lenny Dykstra has only been accused of bankruptcy fraud. He has not pled guilty, he has not been convicted. Too often, we hold the criminal accused guilty in the court of public opinion before they have had their day in court. [...]

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It’s Time to Get Back in the Black

04/16/11

Let’s begin with a cliche: the economy is in shambles. Even with an encouraging March jobs report, unemployment is at 8.8 percent and many experts say the rate dropped mainly because people have given up searching for jobs, not because they’ve found work. The lingering recession has caused major financial pain for countless American households, [...]

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Lenders Try to Prevent Chapter 11 Filings, Prefer Foreclosure

01/27/11

Traditionally, large commercial real estate loans have been non-recourse, meaning lenders can look only to their collateral in the event of a default. Increasingly, lenders are implementing contingent personal guarantees into loan agreements which bring a developer’s personal assets into play if they behave “poorly.” “Bad boy” acts often center around “milking” a distressed property…

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When Can Bankruptcy Stop Creditors From Taking My Property?

01/26/11

No doubt you have heard the terms “unsecured” and “secured” creditors? But what do these terms really mean? In reality, the concepts are quite simple. First off, a creditor is generally someone who is owed money. A common example is when you take out a bank loan. Here you owe the bank a certain amount…

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Common Questions Asked by the Bankruptcy Trustee at the Meeting of Creditors

01/26/11

Most of my Atlanta bankruptcy clients become concerned when they learn that they will have to make at least one Court appearance after filing their Chapter 7 or Chapter 13 bankruptcy case.   I am able to put most clients’ minds at ease by advising this brief overview of what questions to expect at the appearance.…

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Googling Bankruptcy Attorneys? Give Pages 2, 3 and 4 a Chance…

01/25/11

22,000 people per month search the term “Bankruptcy New York” on Google When searching for just about anything, Google is often the first place people turn. The search for bankruptcy attorneys is no exception. A staggering 22,000 people per month search the term “Bankruptcy New York” on Google. After all, what better way to find a bankruptcy…

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In New York City, Bed Bugs Bites Can Lead to Bankruptcy

01/24/11

You may have heard: a bed bug epidemic is sweeping the country and few places have it worse than New York City. Seemingly everyone in the Big Apple has a bed bug story and don’t kid yourself; the infestations aren’t limited to the “less desirable” parts of town. The Waldorf Astoria has had bed bugs,…

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Could Your State Be Filing Bankruptcy Soon?

01/24/11

An article today first appearing in the New York Times suggests that congressional aides are exploring the possibility of legislation that would allow states to file for bankruptcy protection. You can read a summary of the article here.  The bankruptcy code currently provides the option for cities to seek bankruptcy protection, but does not provide…

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