Chapter 13 Bankruptcy Debtors MAY Object to Claims Filed Post-Confirmation
Chapter 13 bankruptcy offers debtors a flexible and versatile way to deal with debts, especially when they may not qualify for chapter 7 bankruptcy, or are attempting to obtain a result not available in chapter 7 cases. For sure, there may be bumps in the road, especially when institutional creditors file documents attempting to obtain […]
KEEP READING . . .Bank Tries to Disregard Loan Modification Agreement that IT OFFERED in Bankruptcy Court!
“Wow!” That was all I could think after reading this case. Unfortunately, poor lender practices, especially in the foreclosure and bankruptcy context, have become all too common. If you or someone you know had been dealing with a foreclosure, then you might be aware of the challenges that had to be overcome to gain some […]
KEEP READING . . .New Bankruptcy Forms Starting December 1, 2015
As of Tuesday, December 1, 2015, bankruptcy cases filed must be filed with new official documents. The new documents are (allegedly) “easier for debtors to understand and complete,” and designed to facilitate some technical enhancements that will be coming to the court electronic filing system in the near future. A quick glance at the new […]
KEEP READING . . .How a Business Small Claims Court Case Works in New York City
We applaud people for taking risks and starting their own businesses. Whether through the traditional brick-and-mortar storefront or amidst the interwebs, people start their own businesses each and every day in the hopes that their creation will return handsome profits. Unfortunately, part of the business owner’s operating expenses MUST include legal fees. Not just legal fees […]
KEEP READING . . .Pro Se Pitfalls: 5 Issues a Pro Se Bankruptcy Filer MUST Understand Before Filing a Bankruptcy Case
Many people shudder at the idea of having to spend money on dreaded attorney’s fees. Especially with respect to civil matters, such as bankruptcy, people look for ways to avoid spending money on legal services. While everyone has the right to represent themself in any legal matter, people must also understand that the laws and […]
KEEP READING . . .A fight, a nose bite, and $110,000 later: A (Legal) Lesson in Keeping Your Cool
In legal practice, sometimes you just come across a case that makes you realize you cannot make this stuff up. This case comes out of the Bankruptcy Court for the Southern District of New York. The issue presented is whether a judgment against someone, arising from a physical altercation in which the debtor bit the […]
KEEP READING . . .Case Review: What happens if creditors were left off from my bankruptcy papers?
This is a review of a recent case out of the Bankruptcy Court for the Northern District of Alabama that is instructive on the power of the bankruptcy discharge, and what may follow when creditors are omitted from a type of bankruptcy case. That is, if a debtor, for whatever reason, did not list certain […]
KEEP READING . . .Case Review: The Impact of Divorce Judgments on Real Property in Bankruptcy
I saw this fairly common fact pattern once while I was sitting in state court waiting for my case to be called. I was watching a conference on a post-judgment divorce case. The wife had filed papers against her former husband alleging that he was breaching the terms of the settlement agreement because he was […]
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