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Will Filing Bankruptcy Remove a Valid Lien?

03/02/11

The general answer is that bankruptcy filing, in and of itself, does not remove a valid lien. However, there are actions that can be taken before the court to remove a valid lien in some circumstances. For example, let’s say that a judgment creditor has filed a lien against a debtor’s home. That lien will remain despite the fact that the debt was technically discharged by the bankruptcy filing. This points out the difference between a debt and a lien. The debt is eliminated, however, the lien remains.

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Bankruptcy Fees Could Fund Courts During Government Shutdown

03/01/11
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In the event of a federal government shutdown, it may be the U.S. bankruptcy courts that keep the federal judiciary humming.

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The Daily Docket: Creditors Oppose Innkeepers Sale

03/01/11

A group of Innkeepers USA Trust creditors joined others in protesting Five Mile Capital Partners and Lehman Brothers Holdings Inc.’s $374.4 million bid to buy the hotel owner. Read the Daily Bankruptcy Review story here.

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Judge OKs Bankruptcy Settlement With Former Rothstein Partner

02/28/11

A bankruptcy judge approved a deal struck between a former law partner of Ponzi-scheme operator Scott Rothstein and the bankruptcy trustee suing that partner for several hundred thousand dollars.

Judge Raymond B. Ray of the U.S. Bankruptcy Court in Fort Lauderdale, Fla., on Friday approved a settlement that frees former partner Russell Adler from litigation in exchange for up to $500,000, court papers show.

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The Daily Docket: ‘Old GM’ Creditors Back Chapter 11 Plan

02/28/11

Unsecured creditors have overwhelmingly voted to support the liquidation plan of General Motors’ bankruptcy estate, a proposal that will give those creditors an equity stake in the reorganized auto maker. Read the Daily Bankruptcy Review Story here.

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Who Deals With Creditors During The Bankruptcy?

02/26/11

Once the bankruptcy case is filed, an automatic stay is created. This automatic stay prohibits creditors from contacting debtors directly and prevents further collection efforts. In many instances, the creditors will not receive notice of the bankruptcy proceedings or will be contacting debtors during the interim of the filing and the time in which notice is received. In those instances, the debtor can advise the creditor of the case filing information or refer that creditor directly to their lawyer’s office.

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Credit Counseling Can Be Taken Same Day As Filing

02/12/11

On December 10, 2010, President Obama signed into law the Bankruptcy Technical Corrections Act of 2010. This seven page document of technical changes was necessary to correct several sections of wording, numbering, lettering and indentation. However, the Congress missed their chance to correct some major errors such as the hanging paragraph of Section 1325(a).

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The Repayment Plan within the Chapter 13 Bankruptcy

01/28/11

Chapter 13 bankruptcy can often provide the greatest chance to save a home that is in foreclosure. In addition to the proposed plan to repay mortgage arrears and other creditors, there is often a secondary payment plan once the case is confirmed. The circumstance I am referring to is a default order providing for repayment of past due obligations through the Chapter 13.

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When Can Bankruptcy Stop Creditors From Taking My Property?

01/26/11

No doubt you have heard the terms “unsecured” and “secured” creditors? But what do these terms really mean? In reality, the concepts are quite simple. First off, a creditor is generally someone who is owed money. A common example is when you take out a bank loan. Here you owe the bank a certain amount…

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722 Redemption & Attorney’s Fees

01/24/11

In the case of Valory Denise Ray, the Unites States Trustee moved for disgorgement of fees earned by debtor’s attorney. The fees in question were those earned during a 722 redemption process whereby the redemption company paid a portion of the loan amount as attorney’s fees. The United States Trustee asserted that a conflict of interest existed in that the funds were borrowed from a third party lender. The United States Trustee also asserted that the amount of the fees was excessive.

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