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Consumer Bankruptcy › Bankruptcy Plans

Consumer bankruptcy is a process to reduce or eliminate personal as opposed to business debts. Consumer bankruptcies can be filed under either Chapter 7 or Chapter 13 of the bankruptcy code.  Debtors are... more +
Consumer bankruptcy is a process to reduce or eliminate personal as opposed to business debts. Consumer bankruptcies can be filed under either Chapter 7 or Chapter 13 of the bankruptcy code.  Debtors are eligible for Chapter 7 or Chapter 13 depending on the nature of their debts and assets. less -
Dinsmore & Shohl LLP

Spotlight on Financial Services- Consumer bankruptcy

Dinsmore & Shohl LLP on

Spotlight on Financial Services | Things happen very quickly in consumer bankruptcy filings. Dinsmore attorneys Edward J. Boll III, Esq. and Shannon O'Connell Egan work on a team that provides clients clear and concise...more

Freeman Law

Bankruptcy Schedules: Schedule C

Freeman Law on

This will continue our series on bankruptcy schedules. In a prior blog post, we looked at Schedule A/B.  Today, our focus will be on Schedule C related to the claiming of exemptions. ...more

Freeman Law

Bankruptcy Schedules: Schedule A/B

Freeman Law on

This will be the first in a series of blog posts that will focus on completing bankruptcy schedules.  We’ll start in this blog with the first schedule – Schedule A/B. ...more

Nelson Mullins Riley & Scarborough LLP

Bankruptcy 101: Bankruptcy Cases, Adversary Proceedings, and Contested Matters - Bankruptcy Basics for New and Non-Bankruptcy...

Nelson Mullins Riley & Scarborough LLP on

This entry is part of Nelson Mullins’s ongoing “Bankruptcy Basics” blog series that is intended to address foundational aspects of bankruptcy for new and non-bankruptcy practitioners and professionals. This entry will discuss...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in Thailand (Updated)

International Lawyers Network on

KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER THAI LAW - This paper has a goal to clarify the protections under Thai Bankruptcy Act, B.E.2483 (1940) and its amendments that may be granted by law...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in Slovakia (Updated)

International Lawyers Network on

KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER SLOVAKIAN LAW - 1. Presentation of the bankruptcy/insolvency/rehabilitation proceedings in the Slovak Republic and their main differences. ...more

Jones Day

Business Restructuring Review | July–August 2020

Jones Day on

In This Issue: Eighth Circuit Rules that Bankruptcy Code's Cap on Lease Damage Claims Applies to Fraudulent Transfer Judgment - In Lariat Cos. v. Wigley (In re Wigley), 951 F.3d 967 (8th Cir. 2020), the U.S. Court of...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in Thailand (Updated)

International Lawyers Network on

KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER THAI LAW - This paper has a goal to clarify the protections under Thai Bankruptcy Act, B.E.2483 (1940) and its amendments that may be granted by law or...more

Ward and Smith, P.A.

Can a Debtor Choose Salvation Over Creditors?

Ward and Smith, P.A. on

In a Chapter 13 bankruptcy, debtors propose a plan to re-pay all or a portion of their debts. The amount to be repaid depends on how much the debtors earn, the amount and types of debt owed, and how much property they own....more

Smith Debnam Narron Drake Saintsing & Myers,...

Eleventh Circuit Refuses to Impose a ‘Least Sophisticated Consumer’ Standard to Discharge Violations

Smith Debnam Narron Drake Saintsing & Myers,... on

The Eleventh Circuit recently affirmed a Florida bankruptcy court’s denial of plaintiff’s motion for sanctions. In doing so, the Court rejected the consumer’s attempt to import the FDCPA’s “least sophisticated consumer”...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings In Slovakia

International Lawyers Network on

KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER SLOVAKIAN LAW - 1. Presentation of the bankruptcy/insolvency/rehabilitation proceedings in the Slovak Republic and their main differences. ...more

Bradley Arant Boult Cummings LLP

Student Loans in Bankruptcy: What’s on the Horizon?

Bradley Arant Boult Cummings LLP on

Federal law has long excepted student loans from discharge in bankruptcy in all but the rarest instances, recognizing the problems (and costs) associated with allowing borrowers to wipe out defaulted debts through a...more

Bradley Arant Boult Cummings LLP

Part IV: Navigating the Maze of Servicing Discharged Debt

Bradley Arant Boult Cummings LLP on

Welcome to Part IV of our series on servicing discharged mortgage debt. This part will discuss modifying a borrower’s loan post-discharge. (If you missed Part I, Part II or Part III, go ahead and catch up.) Part III discussed...more

BCLP

You Get a Car! You Get a Car! Bankruptcy Court Gives Debtor a Car. Unsecured Creditors Get Nothing.

BCLP on

So, a ruling came out in June that we in The Bankruptcy Cave have been dying to blog about (and not just so we can use the blog title above). Forgive the delay – heavy workloads and summer vacations often preclude timely...more

Ward and Smith, P.A.

Chapter 13 Plans are Just About Written in Stone

Ward and Smith, P.A. on

Recently, a bankruptcy judge in the United States Bankruptcy Court for the Eastern District of North Carolina issued a ruling that should help lenders dealing with borrowers in Chapter 13. In a case entitled In re Royal, the...more

Maynard Nexsen

Chapter 13 Debtor Unable to Modify Confirmed Plan to Surrender Collateral

Maynard Nexsen on

The U.S. Bankruptcy Court for the Eastern District of North Carolina in In Re Reuben Samuel Royal, Case No, 14-07134-DMW (May 2, 2016) recently concluded that the Chapter 13 debtors cannot surrender a vehicle back to the...more

Womble Bond Dickinson

United States Supreme Court Holds that Order Denying Plan Confirmation Is Not Immediately Appealable

Womble Bond Dickinson on

On May 4, 2015, the Supreme Court for the United States unanimously held that an order denying confirmation of a plan is not a “final” order subject to immediate appeal as a matter of right. Although the Bullard decision...more

Tucker Arensberg, P.C.

Bankruptcy Blog Re: Debtor’s Funds When Case Is Converted From Chapter 13 To Chapter 7

Tucker Arensberg, P.C. on

The Supreme Court of the United States was recently asked whether, when a debtor in good faith converts a bankruptcy case to Chapter 7 after confirmation of a Chapter 13 plan, undistributed funds held by the Chapter 13...more

Cadwalader, Wickersham & Taft LLP

Supreme Court Holds That Orders Denying Plan Confirmation Are Not Final for Appellate Purposes

Cadwalader, Wickersham & Taft LLP on

On May 4, 2015, a unanimous United States Supreme Court in Bullard v. Blue Hills, 135 S. Ct. 1686 (2015), resolved a long-standing circuit court split by holding that a bankruptcy court’s order denying confirmation of a...more

Burr & Forman

Denial of Plan Confirmation and Finality - Supreme Court's Resolution of Circuit Split May Apply to Chapter 11

Burr & Forman on

The Supreme Court has agreed to hear Bullard v. Hyde Park Savings Bank (In re Bullard), U.S., No. 14-116 (cert. granted 12/12/14). The Court's decision in this case will resolve a circuit split with regard to whether an order...more

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