Bankruptcy Blogs

Des Plaines Bankruptcy Law Advice: Can I borrow money before I file bankruptcy?

09/28/11

I as a bankruptcy attorney cannot under the law advise you to borrow money, to take out a loan, to acquire any property on credit.  I am obligated to follow the bankruptcy code and am I prohibited from advising a client to take out credit or obtain a loan prior to filing bankruptcy.  You as [...]

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Means Test and Attorney Fees

09/28/11

I wrote about attorney fees as a means test deduction some time ago.  BAPCPA’s provision, codified at section 707(a)(2)(A)(iv) of the Bankruptcy Code, says that priority claims are deducted from income.  Priority claims include a Chapter 13 debtor’s counsel’s fees.  See sections 507(2), 503(b)(2), and 330(a)(4)(B).  Therefore, our attorney fees are a means test deduction.  Oddly, the [...]

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Chapter 20 Lien Stripping Doesn’t Fly In Florida Despite Judge Schermer’s Opinion in In Re: Fisette

09/28/11

As a Consumer Bankruptcy Attorney, I really enjoy explaining the benefits of Chapter 7 Bankruptcy and Chapter 13 Bankruptcy to a potential client.  Bankruptcy is a financial planning tool, plain and simple, kind of like a Swiss Army Knife.  Inside this one tool, you have many different options. I enjoy watching their faces light up [...]

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Restructuring Opportunities in Some Sectors, a Wait for Most Others

09/28/11

With default rates and bankruptcy filings earnestly sticking near their all-time lows but loads of debt coming due very soon, finding distressed opportunities is a two-pronged game of waiting while still identifying sectors that need help now, three industry veterans said Wednesday.

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Cerberus CEO Feinberg’s Mea Culpa

09/28/11

(This has been cross-posted from Private Equity Beat.)

By Sabrina Willmer

In the world of private equity where there are many big egos, rarely have we seen the head of a large firm admit publicly to making mistakes. However, in a refreshing twist, Cerberus Capital Management’s chief executive reflected on past missteps during a keynote speech at the Dow Jones Private Equity Analyst conference in New York.

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Informacje ekonomistów

09/28/11

Kredytobiorcy mogą odczuć ulgę po dzisiejszej decyzji szwajcarskiego banku centralnego. W jego wyniku kurs franka spadł o 33 grosze, a rata kredytu nawet o 180 zł. Nie każdy kredytobiorca, który ma dziś płatność raty może jednak zyskać aż tak dużo.

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Safe Harbors Gone Wild

09/28/11

Yesterday's decision from the District Court court in the Madoff-Mets litigation is yet another example of why Congress desperately needs to revisit the safe harbors which exempt a host of financial transactions from the workings of the Bankruptcy Code (in this case, the Code as incorporated into SI

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Solyndra scandal haunts Obama, Bankruptcy case shows the poor deal the federal government made

09/28/11

Conspicuously absent from the bankruptcy filing is mention of the $500 million dollar loan that the federal government made.  The only thing filed is a notice of appearance.  Two class actions were filed under the WARN Act (Worker Adjustment and Retraining Act) which requires 60 days notice of layoffs which apparently was not complied with [...]

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Debt Relief: It Doesn’t Have To Cost You

09/28/11

As a bankruptcy attorney in Dallas, Tx I am asked by many clients if bankruptcy is their only option. My answer is always “No”. One of the biggest problems in the bankruptcy industry is people not advising their clients on all of their options. Educated consumers are smart consumers, and smart consumers make smart decisions. [...]

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The Daily Docket: Hedge Funds Appeal WaMu Ruling

09/28/11

Four hedge funds accused of insider trading in Washington Mutual Inc.’s bankruptcy case are appealing a ruling that denied confirmation of the company’s Chapter 11 plan and found they could be held to account to shareholders for alleged improper behavior. Read the Daily Bankruptcy Review article here.

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