Subchapter V Makes it Easier to Navigate Chapter 11

Admin on June 30, 2021 Posted in Bankruptcy Law, Blog

The number of bankruptcy cases in the last few years has risen substantially, which has led many people to consider bankruptcy as a method of taking control of debts. While the COVID-19 pandemic impacted countless workers, hotel owners and workers have been some of the most negatively impacted. This is because occupancy rates at hotels […]

The Ninth Circuit Considers Permissible Non-Debtor Releases

Admin on April 29, 2021 Posted in Bankruptcy Law, Bankruptcy News, Blog

Many reorganizations plan involve the release of non-debtor liability, but there are varied opinions about the role of these releases. While releases of non-debtor liability are attractive to parties like directors and officers, others argue that releasing non-debtor is against the intent of the Bankruptcy Code.  Due to these conflicting perspectives, a current split exists […]

Bankruptcy Trustee Powers Removed by Congress

Admin on April 15, 2021 Posted in Bankruptcy Law, Bankruptcy News, Blog

Since the start of the coronavirus pandemic, a large number of commercial tenants have to contend with the challenge of whether local or state regulations permitted their organization to remain open. Unfortunately, this means that many companies have been unable to generate revenue for the past year.  Given the financial hardships faced by many people […]

Supreme Court Issues Decision Addressing Retention of Debtor Property

Admin on February 28, 2021 Posted in Bankruptcy Law, Blog

The Supreme Court of the United States recently examined whether a creditor is required to turn over property of a bankruptcy estate to a debtor or trustee under the Bankruptcy Code’s automatic stay provision if the creditor lawfully possessed the property before bankruptcy was initiated and only passively possessed the property afterward. In this case, […]

How Would the Warren-Nadler Consumer Bankruptcy Reform Act Change the Bankruptcy Process?

Admin on February 15, 2021 Posted in Bankruptcy Law, Blog, General Bankruptcy

Both Senator Warren and Congressman Nader recently introduced the Consumer Bankruptcy Reform Act, which has been received as the biggest alteration of the United States Bankruptcy Code since the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. While the chance of the Act becoming law is low, the Act represents an interesting suggestion of […]

Court Finds that Post-Discharge Credit Inquiries Do Not Violate Fair Credit Reporting Act

wpadmin on January 30, 2021 Posted in Bankruptcy Law, Blog

The Ninth Circuit Court of Appeals recently held that a mortgage servicer has a permissible reason for pulling consumer reports of three borrowers for whom the company had serviced two mortgages despite the borrowers’ personal liability for the mortgages being discharged in bankruptcy. More particularly, the servicer was granted the right to access the borrowers’ […]

New Bankruptcy Relief Options Introduced by 2021 Federal Appropriations Act 

wpadmin on January 15, 2021 Posted in Bankruptcy Law, Blog, COVID19

A new Consolidated Appropriations Act was signed into law at the end of December 2020. Among its thousands of pages, it includes several new bankruptcy provisions for businesses in what is referred to as the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act. Additional bankruptcy relief provisions are located in a miscellaneous section […]

Changes to Bankruptcy Rules Became Effective on December 1st

wpadmin on December 30, 2020 Posted in Bankruptcy Law, Blog

On December 1, 2020, several amendments to the Federal Rules of Bankruptcy Procedure took effect. These amendments had the primary effect of modifying the rules addressing bankruptcy appeals as well as making some other noticeable changes. If you are considering filing for bankruptcy, it is not necessary to learn each of these revisions, but it […]

What Assets are Exempt in California Chapter 7 Bankruptcies?

Admin on March 15, 2020 Posted in Bankruptcy Law, Blog, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy

Individuals in California who file for bankruptcy are often given a second chance at building a strong credit record. This does not come without a compromise, though. When Chapter 7 bankruptcy is involved, a person must often hand over a substantial amount of their estate in the process. A bankruptcy trustee then manages the estate […]

Bankruptcy and Your Credit Report: Separating Fact from Fiction

Admin on January 11, 2020 Posted in Bankruptcy Law, Blog

Whether or not to file for bankruptcy is a complex decision, and many factors influence whether it is a good idea for you. One area that many people ask questions about when filing for bankruptcy is credit scores. People are not just concerned about how bankruptcy will impact their credit score, but also if they […]