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Texas Bankruptcy Blog
Largest Chapter 9 Bankruptcy Cases in History
By Bryan Fears
Section 109(c) permits a “municipality” to file bankruptcy under Chapter 9 of the federal Bankruptcy Code. The term “municipality” is defined in section 101: “The term ‘municipality’ means political subdivision…
Georgia Bankruptcy Blog
11th Circuit: Non-Filing Spouse’s Income And Expenses Can Be Used To Find Abuse Under Section 707(b)(3)(B).
By Scott Riddle
In In re Kulakowski, No. 12-15294, 2013 U.S. App. LEXIS 23110 (11th Cir. Nov. 15, 2013) (click here for .pdf of opinion), the issue was the extent to the Court…
Texas Bankruptcy Blog
What is an Executory Contract?
By Bryan Fears
Schedule G of the Official Bankruptcy Forms is entitled, “Executory Contracts and Unexpired Leases.” Schedule G confused the heck out of pro se debtors and newbie bankruptcy attorneys. An executory…
Texas Bankruptcy Blog
Two Reasons to File Bankruptcy in December
By Bryan Fears
In bankruptcy, as in life, timing is everything. Each bankruptcy case must be evaluated independently by an experienced bankruptcy attorney to determine the optimal time to file the case. That…
Texas Bankruptcy Blog
Judge Allows Detroit to Proceed in Bankruptcy
By Bryan Fears
A federal judge has ruled that the City of Detroit is eligible to proceed in a rare Chapter 9 bankruptcy case, which will include modifying pensions for thousands of city…
Georgia Bankruptcy Law Network
How Do Chapter 7 Trustees Get Paid?
By Scott Riddle
If you are wondering how a Chapter 7 Trustee makes money from Bankruptcy cases, here is the answer. They typically get paid in several ways. First, they get $60 from…
Texas Bankruptcy Blog
High Income Chapter 13 Debtors Stay in Bankruptcy Five Years (Maybe)
By Bryan Fears
When Congress amended the Bankruptcy Code in 2005, it introduced a means test to compel high income debtors to repay a greater portion of debts. Debtors with average incomes higher…
Bankruptcy Report
Which Hat Hides the Ball?: Courts Test Extent of Safe Harbor Protections in Financial Transactions
By Erin Diers, David W. Wiltenburg
When a legal right depends on the capacity in which a party purports to act, it won’t be long before the lawyers are talking about “hats.” In two bankruptcy cases…
Georgia Bankruptcy Law Network
Who is the United States Trustee?
By Scott Riddle
When you read about Bankruptcy on websites or blogs like this one, you often see references to the United States Trustee (or U.S. Trustee). People will often confuse to U.S.…
Georgia Bankruptcy Law Network
What Debts Are Not Discharged In Bankruptcy?
By Scott Riddle
The great majority of people who have to file a Bankruptcy case receive a full discharge of all of their unsecured debt, such as credit cards and medical bills, and…