Bankruptcy Blogs

Before bankruptcy: Don’t pay off the car!

01/22/11


“In bankruptcy, everything is upside down.  Bad is good; good is bad.”  I tell people that all the time. What does that mean?

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Lien Stripping a Junior Mortgage: Have Your Expert Ready

01/22/11

When stripping a junior mortgage, make sure that you have an expert witness available to testify. In a recent case before Judge Cox, a junior lien was stripped, despite the fact that the evidence showed that most comparable properties values would have prevented the stripping. The debtor was able to convince the court because of the expert testimony of one witness. The creditor attorney was able to effectively cross examine the expert; however, without an expert of its own, the creditor was at a tremendous disadvantage.

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Establishing Recognition of a Foreign Bankruptcy Proceeding Under Chapter 15

01/20/11

By: Jessica L. Macrina
St. John's Law Student
American Bankruptcy Institute Law Review Staff

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A Proposed Settlement of Estate Claims is Functionally Equivalent to a Sale of the Claims and May be Subject to Section 363

01/20/11

By: Gregory A. Melnick
St. John's Law Student
American Bankruptcy Institute Law Review Staff

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Georgia Exemptions: What Can I Keep if I File Bankruptcy?

01/20/11

Understandably, a typical bankruptcy client fears that they will lose most of their property if they file for bankruptcy.  For my Atlanta bankruptcy clients, the good news is that a substantial portion of your real estate, personal property and retirement money is safe and sheltered from the reach of the Bankruptcy Court by virtue of…

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Bankruptcy, BAPCPA and the Social Contract

01/20/11
Once upon a time, I had a client tell me that he loathed bankruptcy because bankruptcy was socialism and he only believed in market solutions. While his use of terminology was imprecise, it is beyond dispute that bankruptcy represents government changing the terms of privately negotiated contracts. If you substitute government action for socialism and substitute private contract for the market, his point is well taken but wrong.
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Don’t Pay a Dime for an Initial Consultation with a Bankruptcy Lawyer

01/20/11

If you are considering filing for bankruptcy, either Chapter 7 or Chapter 13, beware of lawyers that charge a fee for the initial consultation. You have to ask yourself several questions before doing so:

1) Why should I pay before I know if I can even be helped by the attorney?
2) Am I getting the advice of the top attorney or simply a newer associate?
3) Am I being treated with personal care or am I being herded in like a sheep?

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Attorney-Client Privilege Transfers to the Post-Bankruptcy Company

01/19/11

By: Melissa Schneer
St. John's Law Student
American Bankruptcy Institute Law Review Staff

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Section 1129(d)’s Firm Stance: The Effect of Reorganization as a Vehicle for Tax Avoidance

01/19/11

By: Jon H. Ruiss, Jr., CPA
St. John's Law Student
American Bankruptcy Institute Law Review Staff

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Limiting Creditor’s Rights: SEC’s Authority to Prevent Involuntary Bankruptcy Petitions in SEC v. Byers

01/19/11

By: Mark Sicari
St. John's Law Student
American Bankruptcy Institute Law Review Staff

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