Recently, Red Lobster has filed for Chapter 11 Bankruptcy and it's path to this filing is shaped by a combination of strategic missteps and external economic pressures. The seafood chain has grappled with several key issues which pushed them to...
How a Chapter 7 Trustee may settle (or not settle) claims of a Chapter 7 Bankruptcy Debtor A recent case out of a Bankruptcy Court in Massachusetts highlights some important rights and restraints of a Chapter 7 Bankruptcy Trustee. In...
The United States Bankruptcy Code, when used in a timely and systematic way, is a powerful law that may allow both consumer and business debtors to wipe out some debts and to substantially restructure others. To protect the filing debtor...
One of the first things we advise all of our clients about filing bankruptcy is the requirement that a debtor disclose all required information. Whether filing a Chapter 7 Bankruptcy, Chapter 11 Bankruptcy or Chapter 13 Bankruptcy, the Bankruptcy...
"Honestly is the best policy”. While the origins of the phrase are arguably linked to Thomas Jefferson, Benjamin Franklin, and even as far back as William Shakespeare, recent history and daily events lead many to believe that those whose conduct...
Bankruptcy Court Holds Consumer Debtor’s Wages, Garnished Within 90 Day Period Prior to Filing Chapter 7 Bankruptcy, Are a Preference A recent decision, Tower Credit, Inc. v. Schott (In re Jackson), 2017 U.S. App. LEXIS 4369, is highlights one...
Former CEO Who Filed Chapter 7 Personal Bankruptcy Denied Discharge of Debt Owed to Employees by Insolvent Corporation The Bankruptcy Code provisions relating to a Chapter 7 Bankruptcy case seek to achieve two objectives which frequently conflict with one another. ...
Owning and operating a small business is, for many, the American Dream. Unfortunately, the dream has become a nightmare of inescapable debt for many those who have retained us to represent them because they did not understand the “spill-over” consequences...
A Bergen County New Jersey Chancery Court has dismissed a mortgage foreclosure action ruling that the action was filed outside the Statute of Limitations. See Anim Investment Co. v. Shaloub, F-30508-18 (Ch. Div. June 30, 2016). Bergen County Superior Court...
The United States Bankruptcy Code is a powerful tool which, when used expertly, can provide the most precious remedy debtors who cannot pay their current obligations can possess - time. The remedy of time is not limited to sophisticated large...
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