I often encounter complex issues regarding the dischargeability of various types of debts in bankruptcy. One area that frequently raises questions is whether damages arising from libel, slander, and defamation can be discharged. Understanding this issue requires a detailed analysis of the elements of these torts, particularly the willful and malicious nature of the conduct, in light of the non-dischargeability criteria under 11 USC § 523.
The Third Circuit recently held “that res judicata prevents creditors from challenging the terms of a previously confirmed bankruptcy plan, except for those terms that the debtor seeks to modify under § 1329 of the Bankruptcy Code.”
Should you repay a loan to a family member just before bankruptcy?
Imagine repaying a loan to assist a loved one, only to have those funds reclaimed by a bankruptcy trustee. Such a scenario not only strains familial relationships but also exacerbates financial strain.
The bankruptcy code defines an “Insider” as any individual with a close personal or business relationship with the debtor. When a debtor makes payments to an insider, such as repaying a loan to a parent or child, it raises red flags for creditors and bankruptcy trustees.
In 2024, make the conscious choice to embrace financial freedom. Bankruptcy isn't a dead end; it's a fresh start, an opportunity to rewrite your financial story. As a consumer bankruptcy attorney serving the central Pennsylvania communities of York, Lancaster, Harrisburg, I've witnessed the transformative power of bankruptcy, helping individuals like you emerge from the shadows of debt into the light of a debt-free future.
As part of my bankruptcy practice, I help people get a fresh start from debt. Most of the time, these debts involves situations outside of my clients’ direct control. DUI is different because it involves a poor choice – and because Bankruptcy offers minimal protection for damages caused by DUI for personal injury or death. These types of debts are not dischargeable in bankruptcy - even if there is no underlying charge or conviction, or if the matter is resolved through the Alternative Rehabilitative Disposition (ARD) process.
Here are a few reasons why bankruptcy continues to gain prominence over debt consolidation loans and non-attorney debt consolidation companies in this challenging economic climate.
Bank Account Frozen? How bankruptcy stops bank account garnishments and how to retrieve funds paid involuntarily paid to a judgment creditor
This article discusses how HOA liens and assessments are handled.
The term "Debt Relief Agency" was considered by the United States Supreme Court in the case of Milavetz, Gallop & Milavetz, P. A. v. United States, 559 U.S. 229 (2010) n the context of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). The BAPCPA introduced several changes to the bankruptcy code, and one of these changes was the definition of a "Debt Relief Agency" under Section 101(12A) of the Bankruptcy Code.
In bankruptcy cases, car loans are among the most common types of Secured Debts, and they are treated differently depending on the debtor's intentions and the value of the vehicle. Surrendering a car loan in bankruptcy can be a viable option for debtors seeking to discharge their debts, avoid reaffirmation, and potentially prevent undue hardship.
Seeking help from a bankruptcy attorney early in your financial struggles can significantly impact the outcome of your bankruptcy case. By providing you with ample time to plan and prepare, an early consultation allows for a more strategic approach to your bankruptcy filing
Prepackaged Chapter 11 bankruptcy, also known as "prepackaged" or "prepack" bankruptcy, refers to a streamlined bankruptcy process that is pre-negotiated with key stakeholders before filing. It allows companies to expedite the bankruptcy process, minimize disruptions, and emerge from bankruptcy faster and stronger.
Prepackaged Chapter 11 bankruptcy offers numerous advantages for businesses seeking financial restructuring. By engaging in pre-negotiations and streamlining the bankruptcy process, companies can efficiently resolve financial challenges while maintaining control, preserving relationships, and expediting recovery. However, it is crucial for companies to consult legal and financial experts to navigate the complexities
In the realm of bankruptcy, a unique category known as Single Asset Real Estate (SARE) Chapter 11 bankruptcy is designed to address the specific needs and challenges faced by real estate owners and investors. SARE Chapter 11 bankruptcy provides a framework for individuals and entities with a single, income-generating property to restructure their debts while preserving and maximizing the value of their real estate investment. In this article, we will delve into the concept of SARE Chapter 11 bankruptcy, its advantages, and the essential aspects of the process. SARE Chapter 11 bankruptcy is primarily intended for debtors who own a single property or project that generates income, such as commercial buildings, rental properties, hotels, or large-scale residential developments. The bankruptcy process aims to facilitate the reorganization of debt by providing the debtor with protection from creditors and a framework to propose a feasible repayment plan.
Subchapter V of Chapter 11 bankruptcy, commonly known as "Sub-chapter 5," was introduced as part of the Small Business Reorganization Act of 2019. It offers a streamlined and more affordable bankruptcy process specifically designed for small businesses. There are several key aspects of Subchapter 5 that make it a beneficial option for qualifying small businesses.
Small businesses are the backbone of our economy, but they can face financial hardships that threaten their survival. To address the unique needs of struggling small businesses, the Small Business Reorganization Act (SBRA) introduced a modified version of Chapter 11 bankruptcy known as Small Business Chapter 11. This form of bankruptcy provides a streamlined and more affordable process for small businesses to reorganize their debts and regain financial stability. In this article, we will explore the advantages and procedures of Small Business Chapter 11 bankruptcy, highlighting its significance in helping small businesses navigate challenging financial circumstances.
Traditional Chapter 11 bankruptcy, also known as reorganization bankruptcy, provides struggling businesses with a comprehensive framework to restructure their debts, optimize their operations, and regain financial stability. This form of bankruptcy allows businesses to continue their operations while developing a feasible plan to repay creditors over time. In this essay, we will explore the advantages and procedures associated with traditional Chapter 11 bankruptcy, highlighting its significance in revitalizing businesses and fostering economic recovery.
Redemption is designed to strike a balance between the interests of debtors and creditors in Chapter 7 bankruptcy. It allows debtors to retain personal property that they may have otherwise lost through the liquidation process. By redeeming an asset, debtors can pay its fair market value in a lump sum, rather than surrendering it for sale to satisfy debts.
The automatic stay is a fundamental component of bankruptcy law designed to provide debtors with immediate relief from creditor harassment and collection activities. Upon the filing of a bankruptcy petition, the automatic stay takes effect, creating a legal barrier between the debtor and their creditors. It operates as an injunction that prohibits creditors from pursuing or continuing most legal actions against the debtor or their assets.
Debt cancellation income refers to the amount of forgiven debt that is considered taxable income by the Internal Revenue Service (IRS). When a taxpayer's debt is forgiven, discharged, or cancelled, the IRS treats the forgiven amount as income because the taxpayer is essentially receiving a financial benefit.
Chapter 13 bankruptcy offers individuals a chance to reorganize their debts and develop a manageable repayment plan. One powerful tool available in Chapter 13 is the concept of "cramdown." Cramdown allows debtors to modify certain secured debts, especially with regards to the value of the underlying assets. This article aims to provide a comprehensive understanding of how cramdown works in Chapter 13 bankruptcy, emphasizing the crucial role played by the value of the asset involved.
Bankruptcy judges play a crucial role in overseeing bankruptcy cases, ensuring the fair and efficient resolution of financial distress for individuals and businesses. While the bankruptcy judge's role is similar in both Chapter 7 and Chapter 13 bankruptcy cases, there are distinct differences in how they interact with the parties involved. This article explores the roles of the bankruptcy judge in Chapter 7 and Chapter 13 bankruptcy cases, highlighting their responsibilities, distinctions, and the separate roles of the Chapter 7 trustee and the Chapter 13 trustee.
When individuals face financial distress and consider filing for bankruptcy, seeking guidance from a bankruptcy attorney becomes crucial. These consultations are protected by confidentiality rules, ensuring that clients can openly and honestly disclose their financial information without fear of it being divulged to others. This article explores the importance of confidentiality in bankruptcy attorney consultations, the attorney-client privilege that safeguards the information shared, and the client's obligation to truthfully disclose all assets during bankruptcy proceedings.
Cryptocurrencies, such as Bitcoin, have gained significant popularity in recent years, revolutionizing the financial landscape. However, when individuals facing financial hardships file for bankruptcy, questions arise regarding how these digital assets are handled within the bankruptcy process. This article explores the treatment of cryptocurrencies in bankruptcy cases, highlighting their status as assets of the bankruptcy estate, the requirement for disclosure, potential questions from Chapter 7 trustees during the meeting of creditors, and the possibility of exempting cryptocurrency from the bankruptcy estate.
In the realm of bankruptcy, a unique category known as Single Asset Real Estate (SARE) Chapter 11 bankruptcy is designed to address the specific needs and challenges faced by real estate owners and investors. SARE Chapter 11 bankruptcy provides a framework for individuals and entities with a single, income-generating property to restructure their debts while preserving and maximizing the value of their real estate investment. In this article, we will delve into the concept of SARE Chapter 11 bankruptcy, its advantages, and the essential aspects of the process.
SARE Chapter 11 bankruptcy is primarily intended for debtors who own a single property or project that generates income, such as commercial buildings, rental properties, hotels, or large-scale residential developments. The bankruptcy process aims to facilitate the reorganization of debt by providing the debtor with protection from creditors and a framework to propose a feasible repayment plan.
Executory contracts play a crucial role in bankruptcy proceedings, as they represent ongoing agreements where both parties have unperformed obligations. Understanding the definition of executory contracts, their disclosure in bankruptcy schedules (specifically Schedule G), and the debtor's options to assume or reject them is essential. This article provides a comprehensive overview of executory contracts, common examples, the consequences of rejection, and the importance of proper disclosure.
Bankruptcy is a legal process designed to provide individuals and businesses with a fresh financial start. However, dishonesty and fraudulent practices during bankruptcy proceedings can lead to severe consequences. This article explores common bankruptcy crimes, the penalties associated with such offenses, the investigation and prosecution process, and emphasizes the importance of honest disclosure to protect assets and achieve a successful bankruptcy outcome.
Bankruptcy is a complex legal process that can have significant long-term implications on an individual's financial future. While individuals have the right to represent themselves in bankruptcy proceedings, known as filing pro se, it is crucial to understand the potential dangers associated with doing so. This article highlights the risks of filing bankruptcy without an attorney, emphasizing the dangers of improper exemptions and the complexities involved in navigating the bankruptcy process.
This article delves into the different components of a bankruptcy petition, including the petition itself, schedules A-H, statement of financial affairs, statement of intention, means test, verification of social security number, and Schedule G's executor contracts.
Bankruptcy is a legal process that provides individuals with a fresh start in managing their financial challenges. In certain situations, debtors who initially file for Chapter 13 bankruptcy may find it necessary to convert their case to Chapter 7. This article explores the circumstances under which a debtor may convert from Chapter 13 to Chapter 7, emphasizing the importance of changed circumstances, the motion to convert, and the careful analysis of exemptions.
Are Damages For Defamation, Libel or Slander Discharged by Bankruptcy?
I often encounter complex issues regarding the dischargeability of various types of debts in bankruptcy. One area that frequently raises questions is whether damages arising from libel, slander, and defamation can be discharged. Understanding this issue requires a detailed analysis of the elements of these torts, particularly the willful and malicious nature of the conduct, in light of the non-dischargeability criteria under 11 USC § 523.