In Ritzen Group, Inc. v. Jackson Masonry, , 589 U.S. ___ (2020), the United States Supreme Court unanimously ruled that where a creditor seeks "relief" from the "automatic stay" in a bankruptcy case and is denied that relief, the creditor...
In a ruling which is sure to have future implications, the Third Circuit Court of Appeals, in In re: Denby-Peterson, No. 18-3562 (3d Cir. 2019), that a secured creditor does not have an affirmative obligation under the automatic stay to...
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...
Once we file a bankruptcy for a client, inevitably the biggest source of stress for our clients is the 341a/Trustee meeting. They receive the notice from the Court and the notice is entitled "First Meeting of Creditors." For obvious reasons,...
Obviously, one of the first and for many potential clients, one of the most important questions that a client has is: how much is filing a bankruptcy going to cost me? I would start by telling anyone looking into filing...
This is not an easy question to answer, as it depends on many factors. So my first bit of advice would be to set up a consultation with an experienced bankruptcy attorney, like Capone & Keefe, so that we can...
One of the things we advise all of our clients once their bankruptcy is over and they have received their discharge, is to pull a credit report and make sure that everything is properly reported and there are no creditors...
People ask me all the time, how did you pick Bankruptcy Law as the basis of your law practice. It seems like it would be depressing they go on to say. I don't see it that way. I see the...
6.) I can only file for Bankruptcy with my Spouse. Again not true! Over the years, we have had more than a few situations where one spouse or the other just refused to file. There are also situations where one...
In continuation of my last post, here are additional statements that I hear clients say all the time, that are just not true: 3) I can't file a Bankruptcy, I feel obligated to pay my creditors back: That's great that...
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