Various federal, state, and local agencies have offered financial relief during the COVID-19 global pandemic. For example, New York announced it would cease collection of state-owned medical and student debt for 30 days.1 In California, there’s now a 90-day grace period for mortgage payments and a moratorium on initiating foreclosure sales or evictions.2 But for […]
Coronavirus is affecting every aspect of daily life including federal, state, and local governments. The courts have had to adjust their rules in light of the pandemic. We have put together this FAQ to help our clients navigate the new bankruptcy rules. This is not legal advice but guidelines. ARE THE BANKRUPTCY COURTS STILL OPEN? […]
Bankruptcy is an option during tough times. If you’re deep in debt due a loss of employment, emergency repairs, or a divorce, you can file for Chapter 7 bankruptcy to receive a discharge of debts, if approved by the court. With a Chapter 13 bankruptcy case, some debt may be discharged while you’ll receive help […]
Bankruptcy can provide you with a way out of tax debt. But when it comes to the IRS, being cleared of unpaid tax debt is more complicated than a court-approved discharge of, for example, credit card debt. Filing for bankruptcy can reduce or eliminate federal and state tax debt, as well as back taxes owed […]
Franchise Bankruptcy and Chapter 11 Chapter 11 bankruptcy is available to businesses, as it is for high net worth individuals. Franchise bankruptcy involves the reorganization of debts, but a franchisee must obtain permission from the court to “assume” their franchise—or continue to do business. The U.S. Bankruptcy Court sees franchise agreements as executory contracts, in […]
Under Section 362 of the U.S. Bankruptcy Code, an automatic stay prevents creditors from collecting debts from a debtor. An automatic stay halts all actions, including repossessions, foreclosures, and phone calls, and is enforced by the bankruptcy court. Once collection actions are halted by the court, whether a creditor does nothing and still violates the […]
When you file for personal bankruptcy, it is considered “public record” in your home state. Information about it can be accessed through a court or other government entity without any formal authorization. In fact, all court proceedings are matters of public record unless a judge orders otherwise; bankruptcy records are rarely sealed unless you can […]
Bankruptcy fraud is no laughing matter. Bankruptcies are overseen by The United States Trustee Program which is an arm of the Department of Justice, so you’re essentially dealing with a government agency and they don’t take these transactions lightly. Seeing as bankruptcy is a tool used in dire financial situations to forgive or restructure debts […]
The decision to file for bankruptcy is never an easy one. For married couples and those thinking about marrying their loved one, filing for bankruptcy can be even more complicated. Debt collection, foreclosure, and wage garnishment become not only personal problems, but your partner’s as well. To reduce the stress, here are answers to common […]
The issue of finality has been open to interpretation in bankruptcy cases. This means that what constitutes a final order in the context of a bankruptcy can be seen in different ways. This is important in knowing whether you can appeal a court ruling. The Supreme Court of the United States recently made an important […]
