Tax refunds and the election by consumer debtors to apply those refunds to future tax liability can raise many issues in consumer chapter 7 and chapter 13 bankrupt
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Two bankruptcy courts have recently addressed the issue of whether a debtor’s activities with creditors in general can affect the ordinary-course-of-business defen
In many common nondischargeability claims, the plaintiff creditor must prove the debtor defendant’s intentional misconduct.
Relations between one company and another do not always follow a consistent and steady course. As the economy, industry dynamics, material prices and politics change, the relationship between the customer and suppliers will also often change. This article discusses recent and long-standing opinions of various U.S.
The Professional Ethics Committee for the State Bar of Texas recently issued Opinion No. 603 regarding a lawyer’s duties when he or she represents an insolvent corporation.
Social media transformed the way people communicate and interact with one another.
In 2009, the bankruptcy courts for the Districts of Rhode Island and New York began loss-mitigation programs, whereby the court may order a homeowner and loan servicer to try in good faith to negotiate a settlement that would be preferable to foreclosure for all parties. [1] Under these programs, the servicer is required to provide a neg
A majority of individuals filing for bankruptcy relief do so in the wake of mounting mortgage debt and collapsing home values. In such circumstances, the ability to “strip off” a wholly unsecured mortgage lien could bring tremendous relief to debtors who are homeowners. Stripping off an unsecured mortgage lien requires it to be treated as an unsecured claim in the bankruptcy case.
