Last week we wrote about the new forms and changes to the bankruptcy law. The federal courts are always trying to create bankruptcy forms, rules and procedures which are easy to work with by the public and its bankruptcy practitioners. As with many other industries the bankruptcy court system has slowly migrated towards [...]
Every so often changes are made to the Federal Rules of Bankruptcy Procedure, Forms and Guidelines. These changes are made based on recommendation of an advisory committee made up primary of federal judges, bankruptcy attorneys, and trustees. The proposed changes to the Bankruptcy Rules and Bankruptcy Forms are finally completed. As of December [...]
A recent US Supreme Court decision in Harris v. Viegelahn addresses a bankruptcy issue faced by many who convert their cases from a Chapter 13 bankruptcy to a Chapter 7 bankruptcy case. In a Chapter 13 bankruptcy, debtors are committed to a repayment plan where they pay back a portion (or all) of [...]
In consumer bankruptcy filings, sometimes individuals and companies are faced with an adversary proceeding within their filed bankruptcy case. This proceeding is a lawsuit that is related to the bankruptcy case but is filed separately. A bankruptcy adversary proceeding can be filed by a creditor to object to the discharge of a particular [...]
The United States Supreme Court ruled unanimously on Monday, June 1 that you can no longer eliminate a second mortgage debt in a Chapter 7 bankruptcy case with a motion to value the property that is being mortgaged. This decision changes what has been previously been bankruptcy law in the Florida. Now, Florida [...]
