Magazine Archive
Not Eligible to File Bankruptcy? An Analysis of What is Required
So what happens if a Chapter 13 debtor runs afoul of either the regular income requirement or the debt limits? The debtor is then faced with either dismissal of the case or the conversion of the case to Chapter 7.
Read ArticleLien Strips Revisited
At the time of the prior article, the law was unsettled as to whether or not lien strips were available in the Chapter 20 context. Since that time, the Ninth Circuit has weighed in, holding definitively that lien strips are available in Chapter 20...
Read ArticleYou Did What to my Claim? Capping a Commercial Landlord's Attorney's Fees in Bankruptcy
The court disagreed with the lower courts’ all-or-nothing approach and remanded for further factual findings in apportioning attorney’s fees between termination-related efforts and work unrelated to termination.
Read ArticleMortgage Modifications in Wonderland: Conquering the Red Queen
Streamlining comes in the form of the Mortgage Modification Mediation (“MMM”) Program, which was adopted by the United States Bankruptcy Court for the Northern District of California in August 2015.
Read ArticleLife After Debt: Rebuilding After Bankruptcy
The good news is that there is life after bankruptcy and it comes around much quicker than many think. The not-so-good news is that rebuilding takes effort and knowing one’s rights.
Read ArticleBroke But Not Broken: Private Workouts in Lieu of Bankruptcy
Once a company acknowledges it is in financial distress, a fork in the road appears: either 1) seek bankruptcy protection; or 2) try to negotiate a private work-out.
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