One of the main things to take into account before deciding to file for bankruptcy protection from creditors is to know if a prospective client may lose assets or property in the process. It is the duty of a bankruptcy attorney to discuss any remote possibility that their client's property or assets may [...]

Bankruptcy law frowns upon certain actions taken by the individual's filing within a period of time before the bankruptcy filing. Bankruptcy filers must file their cases in good faith, disclose all assets and income, and disclose all financial actions taken before the bankruptcy. Certain actions taken by bankruptcy debtors before the filing, may [...]

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 [...]

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 [...]