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...
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...
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...
"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...
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...
The provisions of the United States Bankruptcy Code are intended to provide fair and orderly relief for the “honest but unfortunate debtor” who can obtain a “fresh start” by distributing available assets, if any, to creditors and discharging debts "unhampered...
Phone scamming from public information is becoming more and more prevalent with the access to information through online resources. We have seen firsthand the impact of phone scams involving the IRS and other debt collection matters. Now, a recent scam...
Violations of the Truth in Lending Act (“TILA”) as a Defense to Mortgage Foreclosure Limited to Three Years After the Date of the Loan The Truth in Lending Act (“TILA”) was enacted by Congress "to assure a meaningful disclosure of credit...
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