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Bankruptcy Code
831 published works
Texas Bankruptcy Blog
Dismissing Your Bankruptcy Case
By Bryan Fears
The most common goal in bankruptcy is the discharge; however the discharge is not every debtor’s goal. For some, the goal of bankruptcy may be to use the automatic stay…
Nebraska Debt & Bankruptcy Blog
Beware of Fraudulent Transfers
By Sam Turco
There is a limit as to how much property is protected in bankruptcy, and debtors who own a significant amount of property are frequently tempted to transfer the property out…
Southern California Bankruptcy Law Blog
Can A Social Security Overpayment Be Discharged In Bankruptcy?
A fellow bankruptcy attorney recently asked me this question based on his reading of 11 U.S.C. § 523(a)(7), which provides (with emphasis added): A discharge under section 727, 1141, 1228…
Bankruptcy Law Insights
Does a Single “Or” Excommunicate Congressional Intent From the Bankruptcy Code? Supreme Court to Resolve Circuit Split on Credit Bidding
By Ben Feder
The U.S. Supreme Court will rule this term in RadLAX Gateway Hotel Inc. v. Amalgamated Bank on whether the Bankruptcy Code permits a debtor in a chapter 11 case to…
Texas Bankruptcy Blog
Converting Your Bankruptcy Case
By Bryan Fears
When a bankruptcy case is filed the individual debtor announces his or her intent to proceed under Chapter 7, 11, or 13 of the federal Bankruptcy Code. Each bankruptcy chapter…
Texas Bankruptcy Blog
What Happens to a Discharged Debt?
By Bryan Fears
Bankruptcy attorneys are good at hyping the bankruptcy discharge. Terms like “Erase Your Debts!” and “Start Fresh!” abound in consumer bankruptcy advertising. You may know that at the end of…
Securities Law Prof Blog
Another Court Significantly Reduces Madoff Trustee’s Claims Against Banks
Judge McMahon (S.D.N.Y.) ruled on November 1 that Madoff Trustee Picard did not have standing to pursue common law claims against JPMorganChase andd UBS to recover on behalf of the defrauded…
Delaware Corporate & Commercial Litigation Blog
Dominion and Control Over Funds Defeats Mere Conduit Defense in Avoidance Action
Dembsky v. Frommer, Lawrence & Haug, LLP (In re Lambertson Truex, LLC), Adv. Case No. 10-55563 (PJW) (Bankr. D. Del. Oct. 5, 2011), read opinion here. Issue Addressed Whether mere…
Texas Bankruptcy Blog
Bankruptcy’s Means Test
By Bryan Fears
In 2005, Congress changed the Bankruptcy Code and added a means test to prevent wealthy debtors from filing Chapter 7 Bankruptcy. The means test is a calculation designed to identify…
Finance & Bankruptcy Law Blog
A Chapter 11 Diaspora? House Judiciary Committee Considers Chapter 11 Venue Reform
The House Judiciary Committee recently held a hearing to consider an amendment to the venue provisions of the Bankruptcy Code proposed by the Committee’s Chairman that would require corporations to…