Delaware Court Considers Rejection of Executory Contracts by Debtors During Bankruptcy

Admin on November 23, 2021 Posted in Bankruptcy Law, Blog

If a debtor declines a contract in a bankruptcy case, the non debtor can be impacted in several ways. In 2019, the Supreme Court heard the Mission Products case, which attempted to settle a split among circuit courts regarding the impact of rejecting a contract under the Bankruptcy Code’s Section 365.  This case required the […]

Third Circuit Decides Bankruptcy Case Addressing Sovereign Immunity

Admin on July 31, 2021 Posted in Bankruptcy News, Blog

Bankruptcy courts have long been overwhelmed with the question of how to apply sovereign immunity. The United States Supreme Court has issued some rulings about sovereign immunity, but has yet to write a definitive ruling about the issue. As a result, no definitive rulebook exists for how lower courts should interpret sovereign immunity issues. One […]

Third Circuit Issues Notice of Publication Decision in Bankruptcy Case

Admin on June 15, 2021 Posted in Bankruptcy News, Blog

One fundamental aspect of bankruptcy law is that debtors can receive new starts on establishing good credit after emerging from the bankruptcy process. A company’s capacity to discharge liabilities is one of the primary motivators for pursuing protection under Chapter 11 bankruptcy. Consequently, it should come as no surprise that ensuring necessary steps are taken […]

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 […]

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, […]

Should I File for Bankruptcy During the Pandemic or Wait?

Admin on November 30, 2020 Posted in Blog, Chapter 7 Bankruptcy

The bankruptcy process is available to both consumers as well as businesses that cannot pay their debts and want to find a way to regain control of financial obligations. Consumer bankruptcy often takes one of two forms. Chapter 7 bankruptcy involves the liquidation of a person’s non-exempt assets into funds that are used to pay […]

Buying a House While in Chapter 13 Bankruptcy

Admin on August 30, 2020 Posted in Blog, Chapter 13 Bankruptcy

Despite the economic downturn brought on by the coronavirus pandemic, low mortgage rates remain an attractive option for many people considering buying a house. Even if you are in the middle of a Chapter 13 bankruptcy repayment, you might still be able to obtain a mortgage loan and buy a new home. While there are […]

What to Ask Your Lawyer Before Filing for Bankruptcy

Admin on November 22, 2019 Posted in Blog, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy

Financial difficulties can leave you uncertain about what to do next. While bankruptcy is one of the best ways to take control of your finances, the bankruptcy process can be complex and intimidating for many, which is why the assistance of an experienced bankruptcy lawyer is necessary.    There are several important questions to ask […]

Three Tips for Handling Stress During Bankruptcy

Admin on June 13, 2019 Posted in Blog, General Bankruptcy

While money certainly cannot solve every problem that arises in the world, lack of it can cause a number of negative feelings including sadness and stress. Some people put off filing for bankruptcy because they worry about the stress and struggle that may result. During this critical time it is helpful to remember that the […]

What Not to do When Considering Filing for Bankruptcy

Admin on March 29, 2019 Posted in Bankruptcy Law, Blog, General Bankruptcy

If you have overwhelming debts and are experiencing constant harassment from bill collectors, it is understandable that you would want to seek relief in filing for bankruptcy. Before entering this process, however, it is critical to ask yourself if you are actually ready to file for bankruptcy or if it might be a better idea […]