Chapter 7 Bankruptcy Case Analysis
Chapter 7 Bankruptcy Case Analysis

How a Chapter 7 Trustee may settle (or not settle) claims of a Chapter 7 Bankruptcy Debtor A recent case out of a Bankruptcy Court in Massachusetts highlights some important rights and restraints of a Chapter 7 Bankruptcy Trustee. In...

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Court Holds IRS, Which Violated Automatic Stay, Must Pay Bankruptcy Debtors Damages For Emotional Distress
Court Holds IRS, Which Violated Automatic Stay, Must Pay Bankruptcy Debtors Damages For Emotional Distress

The United States Bankruptcy Code, when used in a timely and systematic way, is a powerful law that may allow both consumer and business debtors to wipe out some debts and to substantially restructure others.  To protect the filing debtor...

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Chapter 7 Bankruptcy: List it or Lose It: Debtor Who Fails to Disclose Claim May Lose That Claim
Chapter 7 Bankruptcy: List it or Lose It: Debtor Who Fails to Disclose Claim May Lose That Claim

One of the first things we advise all of our clients about filing bankruptcy is the requirement that a debtor disclose all required information.   Whether filing a Chapter 7 Bankruptcy, Chapter 11 Bankruptcy or Chapter 13 Bankruptcy, the Bankruptcy...

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U.S. Supreme Court Holds Chapter 7 Bankruptcy Debtor Who Deceived Attorneys Can Discharge Fees Owed
U.S. Supreme Court Holds Chapter 7 Bankruptcy Debtor Who Deceived Attorneys Can Discharge Fees Owed

"Honestly is the best policy”.   While the origins of the phrase are arguably linked to Thomas Jefferson, Benjamin Franklin, and even as far back as William Shakespeare, recent history and daily events lead many to believe that those whose conduct...

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Chapter 7 Bankruptcy Case and New Jersey Wage Garnishments
Chapter 7 Bankruptcy Case and New Jersey Wage Garnishments

  Bankruptcy Court Holds Consumer Debtor’s Wages, Garnished Within 90 Day Period Prior to Filing Chapter 7 Bankruptcy, Are a Preference A recent decision, Tower Credit, Inc. v. Schott (In re Jackson), 2017 U.S. App. LEXIS 4369, is highlights one...

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Chapter 7 Bankruptcy Case Highlights Conflict of Public Policy in Bankruptcy Code
Chapter 7 Bankruptcy Case Highlights Conflict of Public Policy in Bankruptcy Code

Former CEO Who Filed Chapter 7 Personal Bankruptcy Denied Discharge of Debt Owed to Employees by Insolvent Corporation The Bankruptcy Code provisions relating to a Chapter 7 Bankruptcy case seek to achieve two objectives which frequently conflict with one another. ...

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Small Business Debt – How the American Dream Can Become a Nightmare for Small Business Owners
Small Business Debt – How the American Dream Can Become a Nightmare for Small Business Owners

Owning and operating a small business is, for many, the American Dream.  Unfortunately, the dream has become a nightmare of inescapable debt for many those who have retained us to represent them because they did not understand the “spill-over” consequences...

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New Jersey Foreclosure Dismissed Based on Statute of Limitations: The “Free House” Debate Continues
New Jersey Foreclosure Dismissed Based on Statute of Limitations: The “Free House” Debate Continues

A Bergen County New Jersey Chancery Court has dismissed a mortgage foreclosure action ruling that the action was filed outside the Statute of Limitations.    See Anim Investment Co. v. Shaloub, F-30508-18 (Ch. Div. June 30, 2016).  Bergen County Superior Court...

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The Strategic Use of Bankruptcy by Debtors  – Gawker Media Files Chapter 11 Bankruptcy and Buys Time
The Strategic Use of Bankruptcy by Debtors – Gawker Media Files Chapter 11 Bankruptcy and Buys Time

The United States Bankruptcy Code is a powerful tool which, when used expertly, can provide the most precious remedy debtors who cannot pay their current obligations can possess - time.  The remedy of time is not limited to sophisticated large...

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There Are No Debtors’ Prisons in America But Disobeying a Court’s Order Can Get You Locked Up!
There Are No Debtors’ Prisons in America But Disobeying a Court’s Order Can Get You Locked Up!

A recent story about a Fox26 News - Student Loan Nightmare in the New York Times about a man who owed a $1,500.00 student loan debt provides an example of why debtors may wrongly believe that failure to pay a...

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