News & Analysis as of

ERISA: 6th Circuit — Failing to Disclose Disability Claim in Bankruptcy NOT Fatal to Disability Lawsuit

What happens when a long term disability claimant declares bankruptcy, and fails to list the long term disability claim in the bankruptcy estate? Is he judicially estopped from bringing the lawsuit alleging wrongful...more

Chapter 20 in the Eleventh Circuit: Modification of Secured Claims Impermissible Without Discharge

Nearly a year ago to the day, we published a post regarding the uncertainty that bankruptcy practitioners and lenders faced when a Chapter 7 debtor received a discharge, and subsequently filed a Chapter 13 petition to strip...more

Burr Alert: The Basics Of Cramdown Interest Rates In Chapter 11

A debtor in a chapter 11 bankruptcy may treat a secured claim in one of two ways in its plan of reorganization: (1) the debtor may propose to cure any existing default, compensate the creditor for any loss sustained by the...more

Avoiding a Cosigner Catastrophe: Protecting Friends and Family in Bankruptcy

What is a cosigner? A cosigner is usually a friend or family member who signs a legal document or contract and promises to pay your loan in the event you are unable. When a consigner signs a contract, this individual becomes...more

Should I File for Bankruptcy?

This is one of the questions I’m asked frequently when I meet with an individual about their financial problems. The answer is always, “No, except as a final option and only if you can’t find another alternative that will...more

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