Statute
Bankruptcy Code
830 published works
Texas Bankruptcy Blog
What is a Bankruptcy Estate?
By Bryan Fears
When you file either a Chapter 7 or Chapter 13 bankruptcy case, a “bankruptcy estate” is automatically created. The Bankruptcy Code defines the bankruptcy estate very broadly, and includes all…
Banking & Finance Law Report
Secured Lenders Have a Right to Credit Bid in Bankruptcy — At Least in the Seventh Circuit
Breaking with the Third Circuit and the Fifth Circuit, on June 28, 2011, the Seventh Circuit held that a debtor's plan of reorganization that provides for the sale of the…
Delaware Bankruptcy Update
Decision in Crucible Materials Requires Preference Claims to Contain More Than Just Recitations of the Code
Summary In a 12 page decision signed July 6, 2011, Judge Walrath of the Delaware Bankruptcy Court granted a motion to dismiss, holding that a complaint that sets forth only…
Delaware Bankruptcy Update
A Closer Look at the Ultimate Acquisition Partners’ Bankruptcy
Introduction A couple of weeks ago, the Chapter 7 Trustee (the "Trustee"), in the Ultimate Acquisition Partners bankruptcy, began filing complaints to avoid and recover payments the Trustee alleges constitute preferential…
Texas Bankruptcy Blog
Why Should I Hire a Bankruptcy Attorney?
By Bryan Fears
Years ago, few attorneys specialized in any particular area of the law. These "general practitioners" handled criminal cases, family law matters, real estate disputes, and a host of other complex…
Delaware Bankruptcy Update
Trustee in Opus East Bankruptcy Files Preference Actions in Delaware
Last month, Jeoffrey Burtch, the Chapter 7 Trustee (the "Trustee") in the Opus East bankruptcy filed approximately 90 preference actions against various defendants. As stated in his complaints, the Trustee…
Texas Bankruptcy Blog
When Can I Stop Paying Credit Cards?
By Bryan Fears
Many clients ask, "When can I stop paying on my credit cards?" The answer seems obvious: immediately. If you are filing bankruptcy and discharging your credit card debt, you are…
Texas Bankruptcy Blog
Bankruptcy Can Provide Leverage to Underwater Homeowner
By Bryan Fears
The Washington Post recently reported that the Obama administration is not planning another large federally funded program to relieving the troubled housing market. This news comes despite the President's acknowledgement…
Southern California Bankruptcy Law Blog
What Are ABCs? Assignment for the Benefit of Creditors
Kindergarteners have one answer to the question in our title. Bankruptcy attorneys have another. An ABC is an “Assignment for the Benefit of Creditors,” and it provides an alternative to…
Texas Bankruptcy Blog
Different Types of Individual Bankruptcy Cases
By Bryan Fears
The federal Bankruptcy Code is codified in Title 11 of the United States Code. The Bankruptcy Code contains nine chapters, six of which provide rules for the filing of a…