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Chapter 7 Guarantors

Ward and Smith, P.A.

Can a Business Owner Reorganize Guaranty Obligations Under Subchapter V?

Ward and Smith, P.A. on

We have previously informed you that if you are a small business that needed to file bankruptcy to save your company, then you may be able to take advantage of Subchapter V of Chapter 11 of the Bankruptcy Code. The new...more

Ward and Smith, P.A.

Lenders Seeking Loan Modification After Bankruptcy, Beware!

Ward and Smith, P.A. on

Lenders cannot revive a guaranty obligation discharged in bankruptcy with a subsequent modification or forbearance agreement, even with new consideration; and attempting to do so may lead to lender liability exposure. ...more

Pullman & Comley, LLC

Bankruptcy Beat: Does The Automatic Stay Apply To Stay Acts Against An Individual Debtor’s Wholly-Owned Company?

Pullman & Comley, LLC on

A vexing issue for some creditors arises when an individual who is typically a guarantor or co-debtor of his wholly-owned company’s debt files bankruptcy under chapter 7, 11 or 13 and then takes the position that the...more

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