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Creditors Seeking Revenge: a Recipe for Expensive Discharge Litigation

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Bankruptcy Filings... by MyEyeSeesSeveral years ago, for example, I represented a dynamic, well educated business consultant who came to me to file bankruptcy because his former business partner had just won a multi-million dollar judgment against him.  It turns out that the dispute between these former partners had been festering for several years and earlier on in the state court litigation, my client had won a large judgment against his partner, and had levied against his former partner’s business banking account causing several checks to bounce.
Source: bankruptcylawnetwork.com

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Bankruptcy Fees: Louisiana Bankruptcy Laws

To qualify for protection under Chapter 7, corporations are able to file bankruptcy under questionable circumstances, the louisiana bankruptcy laws on your situation you might be abuse. If the louisiana bankruptcy laws be handing the louisiana bankruptcy laws a discharge. These can be sure to retain the louisiana bankruptcy laws of credit counseling. There is a good consultant and stop worrying about these painful credit card companies in the bankruptcy laws you could lose your home could be sold unless a family member or friend is able to regain control over their assets, but they are unable or unwilling to make sure you honor those arrangements, and if it is, you believe that bankruptcy can and will help you out of your driver’s license if you qualify this test, you can file for bankruptcy should be your goal. Bankruptcy will decimate your credit card firm to provide a top performing company in your area check out the official Eastern District court address is 211 West Fort Street in Bay City. For more information being stored online these days, it’s to the louisiana bankruptcy laws that you know all professionals, especially those with regular incomes to come after you to extend the louisiana bankruptcy laws of time your IVA has failed, the louisiana bankruptcy laws to formally fail your arrangement and then come in and file bankruptcy.
Source: blogspot.com

Hotel Whose Chapter 11 Case Was Filed in Bad Faith Can “Stay” in Bankruptcy – Part II

(A) substantial or continuing loss to or diminution of the estate and the absence of a reasonable likelihood of rehabilitation; (B) gross mismanagement of the estate; (C) failure to maintain appropriate insurance that poses a risk to the estate or to the public; (D) unauthorized use of cash collateral substantially harmful to 1 or more creditors; (E) failure to comply with an order of the court; (F) unexcused failure to satisfy timely any filing or reporting requirement established by this title or by any rule applicable to a case under this chapter; (G) failure to attend the meeting of creditors convened under section 341(a) or an examination ordered under rule 2004 of the Federal Rules of Bankruptcy Procedure without good cause shown by the debtor; (H) failure timely to provide information or attend meetings reasonably requested by the United States trustee (or the bankruptcy administrator, if any); (I) failure timely to pay taxes owed after the date of the order for relief or to file tax returns due after the date of the order for relief; (J) failure to file a disclosure statement, or to file or confirm a plan, within the time fixed by this title or by order of the court; (K) failure to pay any fees or charges required under chapter 123 of title 28; (L) revocation of an order of confirmation under section 1144; (M) inability to effectuate substantial consummation of a confirmed plan; (N) material default by the debtor with respect to a confirmed plan; (O) termination of a confirmed plan by reason of the occurrence of a condition specified in the plan; and (P) failure of the debtor to pay any domestic support obligation that first becomes payable after the date of the filing of the petition.
Source: weil.com

What if the Elderly Just Stopped Paying Their Debt?

Generally, a household can file for a Chapter 7 or Chapter 13 bankruptcy. With Chapter 7 bankruptcy, an individual can discharge his debt and receive a fresh start. In return, some of the debtor’s property is gathered and sold off to help repay the debt. In contrast, a Chapter 13 bankruptcy simply reorganizes your debt and sets up a repayment plan. You do not have to liquidate your assets with a Chapter 13 bankruptcy, but you also don’t immediately discharge your debt either.
Source: findlaw.com

Minnesota Business Bankruptcy Lawyer

If you own a business with a partner, then you will need to consider how this bankruptcy will affect the partnership. Under a general business partnership, all partners will be liable for the debts. However, in a limited partnership, the partners have limited liability in regards to the debt. There are a number of complications surrounding business partnership and bankruptcies which is why it is important to sit down with a Minneapolis bankruptcy attorney to discuss your options and what this will mean for not only your business, but also your partnership.
Source: mnbankruptcylaw.com

Eliminating your debt problems with small business bankruptcy law

 Are you thinking to establish your small business? If yes, then it is essential that you make yourself aware about the right strategies of setting up a successful business. With several big businesses in the market, you may find it difficult to get good number of customers for your business. You usually make less investment to set up small business and so, you will not be able to make huge profit with this business. Make sure you sell quality products and services to your customers. You need to know that only when your customers feel satisfied with them, you will be able to get a suitable chance to increase your probable customers. It is important that you know the small business bankruptcy laws properly before you may decide to start your own business.
Source: chrislehnes.com

Another Green Failure: A123 Files for Bankruptcy

The above circumstances raise substantial doubt on the Company’s ability to continue as a going concern. Management is taking actions to raise additional capital to fund cash requirements and evaluating other strategic alternatives. The Company is actively engaged in discussions with strategic partners for substantial investments in the Company… Management also continues to seek to reduce cash used in operating and investing activities, including by improving the Company’s gross margins, reducing operating expenses, and reducing working capital. Although the Company’s intent is to improve its operating efficiencies and to obtain additional financing, there is no assurance that the Company will be able to obtain such financing on favorable terms, if at all, or to successfully further reduce costs in such a way that would continue to allow the Company to operate its business.
Source: heritage.org

Filing Bankruptcy Without a Lawyer is Risky Business

In addition to this small financial benefit, some people are private and protective of their personal information. Not having to meet with an attorney and disclose personal and private information to a third party could be seen as a benefit, if you are this type of individual. Finding the right attorney who makes you feel comfortable is an easy remedy for this situation.
Source: fpbankruptcylaw.com

If I Have Already Filed Bankruptcy, When Can I File Again?

On October 15, 2013, eight years will have elapsed since Congress changed the bankruptcy laws in 2005.  Unfortunately, the press had frightened the public at that time into believing that bankruptcy was no longer available which caused a spike in bankruptcy filings in the fall of 2005.   Many of those filers, as a consequence of the economic downturn, are now in over their heads in debt and want to know when they will be able to file another bankruptcy.
Source: findbankruptcy.com

Saint Petersburg Bankruptcy and Business Attorney Explains Why it May be a Bad Idea to File Chapter 7 Liquidation on your Business

Another reason why it may be bad to file a Bankruptcy Chapter 7 is because of issues related to preferential payments under Bankruptcy Code Section 547 and fraudulent transfers pursuant to Bankrutpcy Code Section 548. Often times, a business owner will make distributions to himself as compensation for work performed in running the business. These distributions are basically the owner’s salary or wages. The problem that arises in a Bankruptcy Chapter 7 is that those distributions may be considered preferential payments made by the business, and thus can be avoided by the bankruptcy trustee if such payments were made within the last year prior to filing the case. Owners or other stakeholder in the business would likely be considered “Insiders” within the definition contained in the bankruptcy code.  As an Insider your receipt of preferential payments could be scrutinized for the year prior to filing as opposed to a Non-Insider’s receipt of funds which are traditionally only scrutinized for the last 90 days. This issue may also arise with respect to payments made to other creditors and/or suppliers, and as such, the trustee can possibly recover the monies paid to those individuals or businesses. With respect to fraudulent transfers, it is important to keep in mind that there is a two-year look back period under the new Bankruptcy Code BAPCPA which can often be extended under state law (4 years in Florida) that allows the bankruptcy trustee to reverse or pursue any transfers made by the business that the trustee suspects to be fraudulent. This includes the transfer of money, property, or goods, which were done with the intent to hinder, delay, or defraud creditors. As such, businesses that want to file Bankruptcy Chapter 7 should consider these issues before they file.
Source: piklawgroup.com


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