Marc Windtberg – Windtberg & Zdancewicz, PLC

Creditors and Intellectual Property

Intellectual property (IP) can be defined as the product that results from the use of intellectual capacity. Some recognizable examples of IP include: A specific recipe, pattern, device or formula, including copyrights,…more

| Bankruptcy

Terminology for Creditors: The Language of Liens

Legally and linguistically speaking there are hundreds of types of individual liens, both secured and unsecured. These range from mortgage liens to medical liens, auto liens, and many more. It is important and beneficial for…more

| Bankruptcy

Bankruptcy Topics: Creditors and Clawbacks

The term “clawback” can be defined as money that is paid out or distributed, and then that payment is revoked (taken), or “clawed back,” as the result of certain circumstances. In bankruptcy proceedings, the trustee may use the…more

| Bankruptcy

Less Common Types of Bankruptcies: Chapter 11, 12 and 15

Bankruptcy is a legal proceeding in which a person who cannot pay his or her bills can get a fresh start. The right to file for bankruptcy is provided by federal law and all cases are handled in federal court. Though most…more

| Bankruptcy

Duties of Chapter 7 and Chapter13 Bankruptcy Trustees

Along with the creditor and the debtor, the U.S. Chapter 7 or Chapter 13 Trustee is also a major party in a bankruptcy case. It is the trustee who determines what, why, when and how each aspect of the case works through the…more

| Bankruptcy

Bankruptcy Basics: The Chapter 13 Repayment Plan

The repayment plan in a Chapter 13 bankruptcy filing is essential to both creditor and debtor. The debtor must present a plan in good faith; and, the creditor will be paid in accordance with the plan’s terms. The debtor submits…more

| Bankruptcy

Objections to a Discharge of Debt in Bankruptcy

If a creditor in a bankruptcy disputes the discharge of certain debt(s), that creditor may file an adversary complaint with the bankruptcy court within 60 days after the Meeting of Creditors. Filing an adversary action to…more

| Bankruptcy

What is an adversary proceeding?

An adversary proceeding in bankruptcy is a separate lawsuit filed within a bankruptcy case. Any party can file an adversary proceeding: the U.S. Bankruptcy Trustee, a creditor, or the debtor…more

| Bankruptcy

Arizona Bankruptcy Basics: The Cash Exemption

When a debtor files Chapter 7 or 13 Bankruptcy in Arizona, the Trustee will follow both federal and state laws that apply to the proceedings that apply. State regulations vary in the specifics of what property is exempt. There…more

| Bankruptcy

Bankruptcy Basics: The Meeting of Creditors

When a debtor files bankruptcy, creditors can anticipate attending what is called the Meeting of Creditors. This is also known as a 341 hearing, named for the corresponding section of the Bankruptcy Code. The meeting generally…more

| Bankruptcy

Chapter 11 Bankruptcy Basics: Debtor In Possession

Many companies that file for Chapter 11 bankruptcy protection do not end up in a rapid liquidation. Some, after a successful reorganization period, emerge from the bankruptcy process still viable and financially healthy. Other…more

| Bankruptcy, Real Estate - Commercial, Real Estate - Residential

Basic Terms for Creditors: Automatic Stay of Enforcement

In bankruptcy law, an automatic stay is an injunction that impacts both debtors and creditors: it halts actions by creditors to collect from a debtor who has declared bankruptcy. …more

| Real Estate - Commercial, Real Estate - Residential

What is Service of Process?

“Process” is the general term for the legal document by which a lawsuit is started and the court asserts its jurisdiction over the parties and the controversy. “Service of Process” refers to the delivery of a writ, summons, or…more

| Real Estate - Commercial, Real Estate - Residential

What is Deficiency Litigation?

After a lender forecloses a lien on a real property, oftentimes there will be a “deficiency.” If the proceeds of the sale are insufficient to satisfy the outstanding debt on the property, “deficiency” refers to the amount of…more

| Real Estate - Commercial, Real Estate - Residential

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