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Creditors Beware: Bankruptcy Stay May Shield Property Possessed but Not Owned by Debtor

The automatic stay triggered by a bankruptcy filing may protect the debtor’s residence even if the debtor does not own the property, according to a recent decision from a New York-based federal appeals court....more

Will Bankruptcy Preference Lawsuits Decline due to Statutory Changes?

When a creditor is the target of a bankruptcy trustee or debtor’s claim to take back money the debtor paid on a legitimate debt prior to the bankruptcy filing, it’s bitter justice. The concept is fair enough: pulling funds...more

Multiple Factors to Drive Increase in Family Farmer Bankruptcy Filings

Signing the Family Farmer Relief (FFR) Act of 2019 was like opening a pressure release valve. American farmers have suffered increasing financial stress this year from numerous sources, so a change in the law making Chapter...more

Involuntary Bankruptcy: Creditor’s Tool to Be Used with Caution - CentsAbility: Creditors' Rights Law Update

If you have ever been a creditor concerned about a debtor not paying debts as they become due or paying other creditors while ignoring your demands, then forcing the debtor into an involuntarily bankruptcy may be an option....more

Comparison: Chapter 11 vs Chapter 12 vs Chapter 13

A chart providing an overview and comparison of the major facets of an individual Chapter 11 reorganization case, a Chapter 12 adjustment of debts of a family farmer or fisherman with regular annual income, and a Chapter 13...more

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