As we have previously discussed, the Supreme Court held in Stern v. Marshall that Congress did not have the authority under the Constitution to empower bankruptcy judges to decide legal claims that are based entirely on state law – even if such claims were specifically enumerated in the Bankruptcy Code as “core.”More On: U.S. Supreme Court
I’ve read a couple articles recently that warn about taxes when student loans are forgiven under the Income Driven Repayment program for federal student loans.
Most bankruptcy cases are comprised of different debt issues between the debtor and several creditors – all who are competing to get at the debtor’s limited resources.
When a bankruptcy court ‘‘recharacterizes’’ debt, it causes something the parties have identified as debt to be converted into equity.
A recent English High Court decision has further clarified the position on what amounts to an “abuse of process” when it comes to determining the motive behind the presentation of a winding up petition by a creditor.
There are a few Bankruptcy forums or Q&A sites on the internet that allow people to post general questions about Bankruptcy.
Yes, a Judge can deny a reaffirmation agreement even if it is a voluntary agreement between lender and borrower.
I believe the world view of even the thought of filing bankruptcy is financial suicide for many people.
The courts continue to pick away at the “unfinished business rule.” The latest blow came earlier this month when a U.S. district court dismissed a Chapter 7 trustee’s claims against eight law firms who provided services to former clients of Howrey LLP.