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831 published works
Texas Bankruptcy Blog
Has a Debt Collector Harassed You on Social Media?
By Bryan Fears
Texas and federal laws are designed to provide statutory guidance to debt collectors – and statutory protection to consumers. For instance, the Texas Deceptive Trade Practices Act (DTPA) provides a…
Texas Bankruptcy Blog
Appellate Court Approves Chapter 20
By Bryan Fears
“Chapter 20” bankruptcy was very popular before the Bankruptcy Code was revised in 2005. Chapter 20 does not officially exist, it is a colloquial reference to a debtor’s Chapter 13…
Bankruptcy Report
Fifth Circuit: Impairment Can Be “Artificial”
“Cram-down,” “indubitable equivalent,” “hypothetical lien creditor”: these are quintessentially arcane expressions that only a bankruptcy lawyer could love. To this distinguished list can now be added “artificial impairment,” a nice…
Finance & Bankruptcy Law Blog
The Ninth Circuit Holds that Bankruptcy Courts Have Authority to Recharacterize Debt as Equity
On April 30, 2013, the United States Court of Appeals for the Ninth Circuit held that the bankruptcy court has authority to recharacterize as equity, rather than debt, advances of…
Delaware Bankruptcy Update
Berkline/BenchCraft Plan Administrator Files Preference Actions
Introduction On April 24, 2013, Robert S. Bernstein, Plan Administrator for the Berkline/BenchCraft bankruptcy estates, began filing complaints with the Delaware Bankruptcy Court seeking to recover what he contends are…
In Solvency
Berkline/BenchCraft Plan Administrator Files Preference Actions
By Fox Rothschild LLP, Fox Rothschild LLP
Introduction On April 24, 2013, Robert S. Bernstein, Plan Administrator for the Berkline/BenchCraft bankruptcy estates, began filing complaints with the Delaware Bankruptcy Court seeking to recover what he contends are…
Texas Bankruptcy Blog
How Long Can I Keep My Car If I Surrender It in Bankruptcy?
By Bryan Fears
While the Bankruptcy Code gives the debtor many options to retain a personal vehicle and continue paying a lender, sometimes it makes more sense to just walk away. In those…
Delaware Bankruptcy Update
A Closer Look at the Synagro Technologies Bankruptcy
Introduction On April 24, 2013, Synagro Technologies ("Synagro") and various affiliates filed chapter 11 petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware. Synagro recycles…
Texas Bankruptcy Blog
My Parent is Incompetent and Needs Bankruptcy
By Bryan Fears
Older people can face many challenges, physical, mental, and financial. When your parent is no longer able to care for himself, you may also discover a financial mess. In some…
Texas Bankruptcy Blog
What Happens to My Money After Converting from Chapter 13 to Chapter 7?
By Bryan Fears
When a debtor’s Chapter 13 bankruptcy case is terminated early, the first question asked is, “What happens to my money the trustee is holding?” The answer depends on whether the…