Bankruptcy Blogs

Time to Pay arrangements - rejections continue to rise

05/10/11

HMRC recently issued statistics for the Business Payment Support Service for the three months ended March 2011, their headlines, as you would expect, are the level of support they have provided to date and the reducing level of applications received since the scheme was introduced at the end of 2008.

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Reaffirmation of Debt Need Not be Under Same Terms as Original Loan

05/09/11

negotiation with credtorsMost people know that Chapter 7 allows you to wipe out unsecured debt – credit card bills, medical debt and other

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Reaffirmation of Debt Need Not be Under Same Terms as Original Loan

05/09/11

negotiation with credtorsMost people know that Chapter 7 allows you to wipe out unsecured debt – credit card bills, medical debt and other

[more]

Reaffirmation of Debt Need Not be Under Same Terms as Original Loan

05/09/11

negotiation with credtorsMost people know that Chapter 7 allows you to wipe out unsecured debt – credit card bills, medical debt and other

[more]

Reaffirmation of Debt Need Not be Under Same Terms as Original Loan

05/09/11

negotiation with credtorsMost people know that Chapter 7 allows you to wipe out unsecured debt – credit card bills, medical debt and other

[more]

Decision in DBSI Inc., Holds that the "Particularity" Requirement of F.R.C.P. 12(b)(6) and 9(b) was Satisfied, Notwithstanding the Number of Alleged Fraudulent Transfers

05/09/11

Summary

In a 10 page decision signed May 5, 2011, Judge Walsh of the Delaware Bankruptcy Court denied a motion to dismiss and held that the plaintiff Litigation Trustee satisfied the “particularity” requirements of Federal Rules of Civil Procedure 12(b)(6) and 9(b), despite having his complaint allege that each transfer within a 13 page list of transfers was fraudulent.  Judge Walsh’s opinion is available here (the “Opinion”).

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Does Parent's Chapter 13 Expense Schedule Include His Monthly Payments For Child's Car?

05/09/11

Here’s a relatively simple, but common,  question I was asked by email this past week. The writer makes payments on his daughter’s car titled in his daughter’s name. The writer (the parent) wants to file Chapter 13 bankruptcy and asks whether his monthly payment for his daughter’s car can be included in his expenses so as to reduce the amount of his monthly Chapter 13 plan payment.

The answer depends upon whether the parent signed the loan.

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Bankruptcy Tweets for May 2011 - Part I

05/09/11

Below are my twitter posts since my last post of May 1 of recent cases that I think you'll find of interest.  RSS Feeds are also available:

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