Third Circuit Holds that Auto Loan Company Did Not Violate Bankruptcy Automatic Stay by Refusing to Return Chapter 13 Debtor Vehicle
Third Circuit Holds that Auto Loan Company Did Not Violate Bankruptcy Automatic Stay by Refusing to Return Chapter 13 Debtor Vehicle

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...

READ MORE
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...

READ MORE
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...

READ MORE
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...

READ MORE
Bankruptcy and Your Credit
Bankruptcy and Your Credit

As a bankrutpcy attorney, one of the most frequently asked questions that I receive is how will the bankrutpcy filing effect my credit. Most people come in with the pre-conceived (and incorrect) notion that they will have terrible credit for...

READ MORE
Chapter 13 Bankruptcy Plan May Permit Modification of Mortgage on Under- Secured Rental Property
Chapter 13 Bankruptcy Plan May Permit Modification of Mortgage on Under- Secured Rental Property

Question: How can I deal with a rental property which is under-secured (value is less than the mortgage(s)) and for which I am not receiving sufficient rent and income to cover the mortgage and monthly expenses? One potential option in...

READ MORE