Archives for 2022

How Long Should You Wait After Incurring Debt to File for Bankruptcy?

Admin on December 30, 2022 Posted in Bankruptcy Law, Blog

The decision to file for bankruptcy is an important one, especially for those struggling with debt. When done correctly, it can help you get a fresh financial start and free you from the burden of debt. However, there are certain rules and regulations that must be followed when filing for bankruptcy to ensure that you […]

What are the Benefits and Drawbacks of Paying Off a Chapter 13 Bankruptcy Plan Early?

Admin on December 23, 2022 Posted in Articles

The decision to file for Chapter 13 bankruptcy is one that should not be taken lightly. It will take a lot of hard work and dedication, but it can be very beneficial in the long run. One crucial question to consider when considering Chapter 13 is whether there are any benefits and drawbacks associated with […]

What Happens to Student Loan Debt When You File for Bankruptcy?

Admin on December 16, 2022 Posted in Bankruptcy Law, Blog

Filing for bankruptcy is a difficult decision, especially when student loan debt is involved. No one wants to take on a burden of debt that they cannot pay off, but understanding the implications of filing for bankruptcy with student loan debt can help you make an informed decision about your financial future. Consult with Melanie […]

How to Go From Chapter 7 Bankruptcy to Chapter 13 & Vice Versa

Admin on December 9, 2022 Posted in Blog

Depending on your financial situation, you may find that converting from one type of bankruptcy to another is the best option for you. If you are considering filing for bankruptcy, it is important to understand the differences between Chapter 7 and Chapter 13 bankruptcy and when it might be beneficial to convert from one type […]

Can I Keep My Car When I File for Bankruptcy in California?

Admin on December 2, 2022 Posted in Blog

Filing for bankruptcy is a difficult decision to make, and it can feel like there are more questions than answers. One of the biggest concerns many people have when filing for bankruptcy is losing their car. So, can individuals who file for bankruptcy in California keep their car? According to Debt.org, California has the highest number […]

5th Circuit Court’s Interpretation Continues to Moot 363 Appeals

Admin on November 25, 2022 Posted in Bankruptcy Law, Blog

Recent decisions from the United States Court of Appeals for the Fifth Circuit and the corresponding lower bankruptcy courts have highlighted the Circuit’s expansive interpretation of the Bankruptcy Code’s Section 363(m), which guards bankruptcy sales. Hence, the sales are not subsequently overturned on appeal.  In a September opinion in the case of In re Royal, the District […]

Growing Split Among Circuit Courts About Exculpation Under Chapter 11

Admin on November 18, 2022 Posted in Bankruptcy Law, Blog

Countless Chapter 11 reorganization plans include provisions acknowledging the release of claims connected to stakeholders in bankruptcy cases. Excluded from this, however, are claims that allege various types of misconduct like bad faith, gross negligence, or fraud. These exculpatory statements are a valuable tool in motivating parties to play a role in bankruptcy cases without […]

Fifth Circuit Issues “Solvent-Debtor Exemption” Ruling

Admin on November 11, 2022 Posted in Bankruptcy Law, Blog

Bankruptcy courts throughout the country are in disagreement about whether “make-whole” premiums that become effective as a result of a bankruptcy petition should be refused as interest that is unmatured. Additionally, bankruptcy courts are in disagreement about whether the exception for “solvent-debtors” that requires the payment of interest after bankruptcy petition to unimpaired unsecured creditors survives following […]

Non-Consensual Releases of Third Parties Approved by Bankruptcy Court

Admin on March 30, 2022 Posted in Bankruptcy Law, Bankruptcy News, Blog

In February 2020, as one of several decisions concerning third-party releases (TPRs), a bankruptcy court judge confirmed a reorganization plan and its associated debtor entities which include third-party releases. As part of the plan’s confirmation, the judge noted recent decisions that introduced concerns involving a court’s authority in approving non-consensual (NC) TPRs but applied Third […]

Appellate Court Consider Statute of Limitations Following Bankruptcy Discharge

Admin on March 16, 2022 Posted in Bankruptcy Law, Blog

In January 2022, a Washington appellate court reaffirmed a regulation connected to real estate foreclosures and the statute of limitations following a discharge of bankruptcy. The regulation is that a bankruptcy court does not automatically raise the six-year statute of limitations associated with trust foreclosure. The outcome of this case is important because Washington state […]