Bankruptcy Blogs

Means Test Does Not Require Dismissal if Chapter 13 Is Zero

12/28/10

By: Bryan Kotliar
St. John's Law Student
American Bankruptcy Institute Law Review Staff 

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What is "Lien Stripping" and Can I Use it to Reduce my Mortgage Payments

12/20/10

mortgage lien stripWith the decline in Atlanta area housing values, a seldom used bankruptcy technique has taken on new life.  The technique is called "lien stripping" and it arises from Bankruptcy Code Section 50

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Where Are All The Real Estate Bankruptcies? Here Are Some Possible Answers.

12/19/10

As many business bankruptcy lawyers understand, there has not been a groundswell of real estate and single asset bankruptcy cases, as predicted during the beginning of the current economic downturn.  The latest edition of the Georgia Bar Journal has an article entitled "What Happened to Real Estate Bankruptcies?" by Al Adams and Jason Kirkham, and the authors propose several reason

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Supreme Court Grapples With the Meaning of the Means Test

12/16/10
The first case argued before the Supreme Court this term was No. 09-907, Ransom v. FIA Card Services, N.A. You can find the transcript of the oral argument here. This case raises the issue of whether Courts should give the means test a literal interpretation or follow a more functional approach.
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Is It Too Early to File for Bankruptcy? Outstanding Checks Written Pre-Petition Are Property of the Estate

12/15/10

By: Elisa M. Pickel
St. John's Law Student
American Bankruptcy Institute Law Review Staff

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