Statute
Bankruptcy Code
831 published works
Texas Bankruptcy Blog
I Received Notice that my Bankruptcy Case is Being Dismissed, What Should I do?
By Bryan Fears
While in a bankruptcy case a party can move to have the case dismissed. Dismissal put simply, ends the bankruptcy case and you no longer have the protection of the…
Georgia Bankruptcy Blog
In Case Of First Impression, Eleventh Circuit Holds Pre-Petition Bad Faith Can Constitute “Cause” For Disimssal Under §707(a).
By Scott Riddle
Creditors and other parties in Chapter 7 Bankruptcy cases filed in the Eleventh Circuit just got more ammunition from the Court of Appeals to seek dismissal of cases in which…
Energy Law Report
What Goes Up … Quick Glance #3 at Ohio Oil and Gas Leases in Bankruptcy
As with prior posts about oil and gas leases in bankruptcy (located here and, on Porter Wright's Banking & Finance Law Report blog, here), this post presents another thorny issue — namely,…
The Faculty Lounge
Seriously Impaired
I noted last week that the intersection of Michigan law and the Bankruptcy Code provided some interesting questions about the scope of the Supremacy Clause, the Tenth Amendment, and federalism…
Texas Bankruptcy Blog
Bankruptcy is Not Insolvency
By Bryan Fears
Although down-on-their-luck debtors are often said to be “bankrupt,” that turn-of-phrase is a bit inaccurate. While it’s true that people who can’t pay their debts often declare bankruptcy, the two…
Texas Bankruptcy Blog
Calculating Your Chapter 13 Payments
By Bryan Fears
Chapter 13 bankruptcy law and procedure appears to be a complicated mess to the outsider. The heart and soul of Chapter 13 is the repayment plan, but obtaining a confirmed…
Southern California Bankruptcy Law Blog
Non-ERISA-Qualified, Tax-Deferred Retirement And Bankruptcy
Are tax-deferred retirement accounts that are not ERISA-qualified in jeopardy in a Chapter 7 bankruptcy?
CALIFORNIA ATTORNEY'S FEES
Bankruptcy/Fee Clause Interpretation: Broadly Worded Fees Clause Rescues The Day For Winning Creditor
CCP § 1021, Not Civil Code § 1717, Afforded Relief. In re Charalambous (Hamilton v. Charalambous), BAP No. CC-13-1042-PDKi (BAP 9th Cir. Mem. Decision July 3, 2013) (unpublished) is an…
Texas Bankruptcy Blog
Automatic Stay Violations: Void or Voidable?
By Bryan Fears
When a debtor files bankruptcy an automatic statutory injunction takes immediate effect which prohibits the commencement or continuation of collection actions against the debtor or property of the debtor's bankruptcy…
Texas Bankruptcy Blog
Adjust Withholding During Chapter 13
By Bryan Fears
When you withhold too much during the tax year, the IRS will return your money in the form of a tax refund after your tax return is filed and processed.…