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830 published works
Texas Bankruptcy Blog
How Bankruptcy Can Stop A Tax Garnishment
By Bryan Fears
The Internal Revenue Service has enormous power to garnish a tax debtor’s wages. The IRS does not require a court order to garnish assets or wages, called an administrative levy,…
Nebraska Debt & Bankruptcy Blog
How Often Can You File Bankruptcy?
By Sam Turco
How long do you have to wait to file bankruptcy if you have filed in the past? The answer is that there is no limit to how many times you…
Finance & Bankruptcy Law Blog
A Shock to the Core: The Supreme Court Pries Jurisdiction Away from the Bankruptcy Courts on Counterclaims to Proofs of Claim, and Possibly More
On Thursday, the Supreme Court in a 5-4 decision ruled in Stern v. Marshall[1] that the congressional grant of jurisdiction to bankruptcy courts to issue final judgments on counterclaims to…
Texas Bankruptcy Blog
Keeping Your Vehicle During Chapter 13 Bankruptcy
By Bryan Fears
While some Americans are able to get by without a personal vehicle, having reliable transportation is necessary to most. Whether it is a means to get to work, or to…
In Solvency
Restaurant Chain Perkins & Marie Callender’s, Inc., Files for Bankruptcy in Delaware
By Fox Rothschild LLP, Fox Rothschild LLP
Introduction On Monday, June 13, 2011, Perkins & Marie Callender's, Inc. ("Debtors"), filed chapter 11 petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware. According…
In Solvency
A Closer Look at the Jackson Hewitt Bankruptcy
By Fox Rothschild LLP, Fox Rothschild LLP
Introduction On May 23, 2011, Jackson Hewitt Tax Services Inc. ("Jackson Hewitt") filed a petition for bankruptcy in the United States Bankruptcy Court for the District of Delaware. This post…
Possessio
Commercial Lease Love Triangle: Using Letters of Credit to Secure Commercial Leases
By Kyle Binns
In today's economy, commercial landlords must use more creativity to win a new retail or office tenant. One tactic landlords use to attract new tenants is to offer generous allowances…
Finance & Bankruptcy Law Blog
Reinstatement of Debt: A Bankruptcy Court’s Strict Interpretation and Application of Change-in-Control Provisions to Protect Senior Secured Lenders
In In re Young Broadcasting, Inc., et al., 430 B.R. 99 (Bankr. S.D.N.Y. 2010), a bankruptcy court strictly construed the change-in-control provisions of a pre-petition credit agreement and refused to…
Texas Bankruptcy Blog
Discharging Tax Debt in Bankruptcy
By Bryan Fears
Certain debts have been given special status by the Bankruptcy Code and are generally excluded from the debtor’s bankruptcy discharge. Child support obligations, student loans, and income tax debts are…
Delaware Bankruptcy Update
Decision in In re J. Silver Clothing, Inc., Holds that §547(c) “Substantially Contemporaneous” Transfers are not Governed by a Bright Line Rule under §547(e)
Summary In a 28 page decision signed April 29, 2011, Judge Gross of the Delaware Bankruptcy Court determined that in order for a transfer to be considered “substantially contemporaneous” as…