Bankruptcy Blogs

Court Rules That Regulatory Actions Can Violate the Stay, Especially When You Say You Are Trying to Collect a Debt

06/10/11

An opinion from San Antonio Bankruptcy Judge Leif Clark examines when a claim against a non-debtor can violate the automatic stay. The short answer is: when the creditor says he is doing it to collect from the debtor. The long answer requires an examination of the interplay between 11 U.S.C. Sec. 362(a)(1) and 362(b)(4). In re Reyes, No. 10-52366-C (Bankr. W.D. Tex. 4/20/11).

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Goldman joins disclosure fight over Lehman claims

06/10/11

"Goldman Sachs Group Inc (GS.N) and other banks fighting for control of Lehman Brothers Holdings Inc's (LEHMQ.PK) bankruptcy have joined efforts to avoid sharing information about claims against the failed investment bank. In court papers filed Friday in U.S. Bankruptcy...

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Summer Lunch and Learn Series For Bankruptcy Lawyers

06/10/11

If you’re a bankruptcy lawyer, would you like to master the essential skills every bankruptcy attorney must have … all by Labor Day? Most outsiders think the practice of consumer bankruptcy law is nothing more than filling in a bunch of forms and collecting a fee from a client. But now that you’ve been doing [...]

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The Truth About Lease Reaffirmation

06/10/11

    Leases are their own animal under the bankruptcy code. They are neither secured debt, nor unsecured debt. They get their very own schedule, schedule G. And the Bankruptcy Code provides that leases can be assumed or rejected. Rejection, as you might have guessed, means nope, not interested, take your leased property back, don’t [...]

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Bankruptcy Reaffirmation Agreement: To Sign Or Not To Sign, That Is The Question.

06/10/11

To sign or not to sign a reaffirmation agreement is always a question in a Chapter 7 Bankruptcy when there are secured debts. Bankruptcy Law Network is presenting information regarding the reaffirmations and what you should consider before signing one.  You can click here to review all articles regarding the subject of reaffirmations.  If you [...]

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Why Run Your Company Into The Ground?

06/10/11

My clients had owned a small company for 40 years. They had amassed a half-dozen properties, owned a very valuable home, an expensive recreational vehicle, and of course, a big party boat. But when their company began to falter due to the economy, the owners guaranteed a half-million dollar loan to try to get the [...]

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Reaffirmation Agreement: What Happens If My Bankruptcy Lawyer Refuses To Sign It?

06/10/11

Let’s say you file chapter 7 bankruptcy, and you want to keep paying your vehicle loan and thereby keep your vehicle.  The bank sends your bankruptcy lawyer a “reaffirmation agreement,” which is a pre-printed official form issued by the bankruptcy courts.  It states that you are continuing to pay the monthly payments on your car loan, and [...]

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How To Be A Good Bankruptcy Client

06/10/11

Much has been written about what potential debtors should look for in a bankruptcy lawyer.  Well, it is a two-way street and bankruptcy lawyers will also be sizing you up to determine if you will be a good bankruptcy client.  Remember, both the lawyer and the client have the shared goals of getting you through [...]

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Another Ivory Tower Intellectual Gets Consumer Bankruptcy Wrong

06/10/11

This week’s Forbes magazine contains an editorial by tax lawyer Steven J. Dunn entitled “Consumer Bankruptcies do More Harm than Good.”   Mr. Dunn acknowledges that he is not a bankruptcy lawyer (although he knows a few bankruptcy lawyers – including his son, who once represented a bank in a lawsuit against the president of a [...]

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