Skip to main content

Statute

Bankruptcy Code

831 published works

  1. 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…

  2. 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…

  3. Southern California Bankruptcy Law Blog

    Can A Social Security Overpayment Be Discharged In Bankruptcy?

    By Nicholas Gebelt

    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…

  4. 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…

  5. 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…

  6. 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…

  7. Securities Law Prof Blog

    Another Court Significantly Reduces Madoff Trustee’s Claims Against Banks

    By Securites Lawprof

    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…

  8. Delaware Corporate & Commercial Litigation Blog

    Dominion and Control Over Funds Defeats Mere Conduit Defense in Avoidance Action

    By Francis Pileggi

    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…

  9. 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…

  10. Finance & Bankruptcy Law Blog

    A Chapter 11 Diaspora? House Judiciary Committee Considers Chapter 11 Venue Reform

    By Sheppard Mullin

    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…