Bankruptcy Law Articles

Articles written by attorneys and experts worldwide
discussing legal aspects related to Bankruptcy.

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Good News for Cayman Domiciled Private Equity Funds - Introduction of New ELP Law

  July 22, 2014     By Loeb Smith & Brady
The Cayman Islands (“Cayman”) continue to be the leading offshore jurisdiction for the establishment of both hedge funds and private equity funds. Typically, private equity funds are structured in Cayman as exempted limited partnerships (“ELPs”) and the introduction of the Exempted Limited Partnership Law, 2014 (the “New ELP Law”), which came into force on 2nd July 2014, will enhance the attractiveness of Cayman as the leading offshore jurisdiction for private equity funds.

5 Things You Need to Know Before Filing for Bankruptcy

  July 16, 2014     By The Coleman Law Group
In 2013, nearly 40,700 Floridians filed for bankruptcy. An important, life-changing decision, coming to terms with the fact that you need to file could be the light at the end of a seemingly long, debt-filled tunnel—that’s why it’s imperative you get the facts, know your rights and obtain accurate, aggressive representation from a local Tampa Bay area law firm.

New Law Regarding Bankruptcy in Romania

  July 8, 2014     By Hammond, Bogaru & Associates
After several attempts including an appeal to the Constitutional Court of Romania the legislators have now adopted a new law regarding insolvency and bankruptcy. The new law is Law no. 85/2014 and was issued in June 2014 coming into force on 28th June 2014.

New Law Concerning Debt Recovery in Albania - "On Late Payments for Contractual and Commercial Obligations”

  July 1, 2014     By LPA Law Firm Albania
The Albanian parliament has passed on 24.04.2014 the law no. 48/2014 “On Late Payments for Contractual and Commercial Obligations”, which is partially aligned with the Directive 2011/7/EU of the European Parliament “On Combating Late Payment in Commercial Transactions”.

Divorce and Credit Card Debt – Known and Unknown

  June 17, 2014     By Stange Law Firm, PC
More and more couples are racking up excessive amounts of debt. To make matters worse, some debt, especially credit card debt, is hidden from the other spouse. Some blame this phenomenon on the fact that more marriages consist of two-income couples. Each spouse may find it difficult to relinquish control of his or her own money. But when divorce is on the horizon, how is this debt ultimately divided?

An Appraisal of the Causes and the Panacea to Nigeria's Growing Interconnect Debts

  June 10, 2014     By Strachan Partners
The deregulation of the telecommunications sector in 2001 led to the issuance of telecom licenses to major telecom providers in Nigeria. Unlike the pre-deregulation era which was characterized by poor services by NITEL, Nigeria’s sole telecom provider, there has been an increase in international trade and investment as a result of the telecommunication revolution. The adverse effect of this is the staggering amounts of interconnect debts in Nigeria’s telecommunication sector.

Handling Credit Card Debt

  June 7, 2014     By My AZ Lawyers, PLLC
Credit Card Debt is something that is becoming a bigger problem as Americans are getting further in debt. One of the ways that you can address your mounting credit card debt is through debt relief via debt settlement. Contact a experienced bankruptcy lawyer or debt relief expert and find out what options are available to you regarding your credit card debt, other outstanding creditors, and methods of available debt relief.

Bankruptcy vs Other Options

  June 4, 2014     By Paul Staley, Attorney at Law
When you think about filing bankruptcy you really want to understand all your options. This is the quick overview of bankruptcy vs other other options.

Alphabet Soup for Installment Agreements

  June 3, 2014     By DeBlis & DeBlis
What is an installment agreement? An installment agreement is an option for those who cannot pay their entire tax bills by the due date. It allows taxpayers to pay the amount due over a period of time

New Report: Mortgage Default Risk Remains High

  May 19, 2014     By Oaktree Law
Mortgage default risk continues to plague the housing recovery. A new report issued by the American Enterprise Institute indicated that the national mortgage default risk remained high in March, even though it dropped slightly from February.

Company Formation in Albania - Business Licensing

  May 16, 2014     By LPA Law Firm Albania
Foreign nationals are entitled to take up economic activities in Albania as self-employed persons, and to set up undertakings, in particular companies, which they effectively control. Foreign companies can also do business in Albania through setting up subsidiaries and branches.

Directors’ and Officers’ Liability in The Netherlands: the Beklamel Standard

  May 12, 2014     By AMS Advocaten
At the time that a director or officer commits a company to an agreement, while he is reasonable aware that he cannot comply with this agreement, this director or officer can be held liable for any loss. This problem was recently addressed in the court of Maastricht (The Netherlands).

What Can A Tax Attorney Do For Me?

  May 2, 2014     By DeBlis & DeBlis
Of the professionals that you can turn to for help with IRS problems, tax attorneys can most effectively help you sort through legal issues. Hiring such an expert is the most efficient way of getting on the right track. Here are seven reasons that make them valuable and indispensable.

Using Bankruptcy to Eliminate Credit Card Debt

  April 30, 2014     By Oaktree Law
Have you fallen so behind on your credit card debt that you just cannot get them paid? If so, continuing to struggle is the worst thing that you can do. Find out how you can file for Chapter 7 or Chapter 13 bankruptcy today and eliminate your credit card debts.

Liens and Levies Make the IRS a Collection Agency on Steroids

  April 25, 2014     By DeBlis & DeBlis
Sometimes the problem with “food for thought” is that it can almost choke you with its stark simplicity. Take our tax system, for example. The federal government prints our money, regulates the places where we keep it and has vast powers to take it away from us if we don’t give them their cut.

The “Pro Se” Bankruptcy Filing Problem in Detroit

  April 8, 2014     By Law Office of Walter Metzen & Associates
The Detroit bankruptcy court in recent years has been inundated with a large number of "pro se" bankruptcy filings. In many of these cases, the debtors have been helped with the preparation of their petition and schedules by individuals whom the court has prohibited from assisting people for failure to abide by the rules that bankruptcy petition preparers must follow.

Dealing with Harassment from Debt Collectors

  April 7, 2014     By Roger G. Jain & Associates, P.C.
The Texas Debt Collection Act and the Federal Fair Debt Collection Practices Act prohibit debt collectors from taking certain actions when dealing with alleged debtors. They also provide remedies for people when collectors fail to comply with the statutes. This article is to help you determine whether a debt collector has violated the law and what you can do about it.

Murrieta Bankruptcy Law: The Chapter 7 Bankruptcy Timeline

  March 31, 2014     By Law Offices of Kevin Cortright
Bankruptcy is when you lawfully proclaim that you can no longer repay your debts. Individuals have the option of either proclaiming chapter 7 or chapter 13 bankruptcies, depending on the intensities of their debts and the incomes being made.

Weigh the Benefits and Drawbacks Prior to Proclaiming Bankruptcy

  March 31, 2014     By Law Offices of Kevin Cortright
Bankruptcy takes place when a procedure is started where a debtor obtains court bought relief from needing to settle his/her debts.

A Cabin and a Sash for Molly

  March 27, 2014     By Chung, Malhas & Mantel, PLLC
Molly had squatted on the damp parquet flooring of the forbidding old cabin a long time before contacting our office. Indeed she stared at the cobwebs festooned on the walls until white dust completely covered her eyelids prior to summoning the courage to call: her energies were exhausted.

Bankruptcy with a Little Pride

  March 27, 2014     By Chung, Malhas & Mantel, PLLC
There's one bankruptcy. I think I’ll remember for a long time. Nobody at my office could understand why the man bobbed his head in at first. It was about a year or so ago. Most clients schedule an appointment. But this man just knocked on the door wearing his round felt hat. He was much older than most of my clients and had a solemn voice. He took off his hat and asked my secretary Kathleen to speak with a “straight-talking lawyer.”

Fighting The Post-Bankruptcy Survival Of Federal Tax Liens On Property Excluded From The Bankruptcy Estate

  March 23, 2014     By DeBlis & DeBlis
The federal tax collection system is founded on the concept of voluntary compliance.[1] The United States government expects taxpayers to compute and timely pay all taxes owed. Most taxpayers fulfill this obligation. However, a minority refuse to comply. Those falling within the latter category are subject to forced collection and various penalties.

There Are Bankruptcy Laws That Can Shield United States Citizens

  March 20, 2014     By Law Offices of Kevin Cortright
Some times individuals get to a point where they have taken on too much credit and become overpowered by the weight of too much debt, simply keep in mind though that there are Murrieta Bankruptcy Attorney laws that can protect us. There are some creditors that will think absolutely nothing of bullying and harassing individuals who do not pay on time, this isn't really such a bad thing when there are people that are simply plain reckless.

Personal Bankruptcy And Harassing Creditors

  March 17, 2014     By Law Offices of Kevin Cortright
Just about everyone who gets a little behind on their bills will get a friendly reminder call from a creditor. But once in awhile, those calls turn out to be not so friendly. While there are certain laws to protect the consumer from harassing calls at home and at work, not every debt collector plays by the rules.

Considerations to Filing Bankruptcy

  March 17, 2014     By Law Offices of Kevin Cortright
Filing bankruptcy ought to just be thought about after the other options have been tired. Bear in mind the fact that a number of services for debt consolidation are in fact illegal and will cause you more issues. Keep the suggestions from this post in mind in order to make ideal financial decisions and keep away from debt.

Bankruptcy of Polish Debtor - Submitting a Claim to the Polish Court

  March 6, 2014     By Dudkowiak & Kopec Law Firm
If your Polish debtor went bankrupted you must submit your claim before a Polish insolvency court within the period prescribed in the bankruptcy ruling. If you fail to do this you will lose the possibility of recovery it in the future. Our lawyers assist to foreign creditors in the process of drafting, filling and supporting the claim before the insolvency court.

Do I Make Too Much Money to Apply For Bankruptcy According to the Bankrutpcy Means Test?

  January 29, 2014     By Law Offices of Kevin Cortright
To determine who can file for bankruptcy the court uses what is called the Means Test. The Means test determines who is qualified to file chapter 7 bankruptcy, and who needs to file chapter 13 bankruptcy.

Liquidation Process in Albania

  January 25, 2014     By LPA Law Firm Albania
The procedure for the liquidation of an Albanian Company is described and specified in Albanian commerce law. The law provides the standard procedure for the liquidation of an Albanian Company.

How to File a Chapter 7 Bankruptcy – Tricks of the Trade

  January 21, 2014     By Patel Law Firm LLC
How to correctly file a chapter 7 bankruptcy complete with some less than well-known tricks of the trade.

What New Bankruptcy Rules Came Into Effect in 2013?

  December 21, 2013     By
Nearly every year, the rules of procedure for various types of courts change. Bankruptcy courts are no exception. Bankruptcy courts are governed by the Federal Rules of Bankruptcy Procedure. Often these changes are relatively small and technical, and only of interest to bankruptcy attorneys, but this year the rules changes primarily affect cases filed by individuals. So, what new bankruptcy rules came into effect on December 1, 2013?

Can You Go to Jail for Debt in America? Maybe.

  December 17, 2013     By
Anyone who has ever fallen behind on their bills knows just how troubling that experience can be. Harassing phone calls, letters, and emails are the usual tricks of the trade, or for secured debts, repossession or foreclosure. But, America abolished debtors prisons. So, debt collectors are not supposed to be able to put you in jail because you owe money. However, a few have discovered a way to do just that.

Unknown Claims Are Not Necessarily Excluded upon Confirmation of an Insolvency Plan – Germany

  November 8, 2013     By GRP Rainer LLP
Even amounts that cannot be registered when an insolvency plan is finally confirmed can still be claimed.

Disposal of a Totality of Assets, and Creditor’s Rights – Germany

  November 6, 2013     By GRP Rainer LLP
The Superior Court (OLG) of Oldenburg in its judgment of October 11, 2012 (File number: 1 U 71/11) ruled that the trustee in bankruptcy must also take into account the possibility of a more favorable disposal for the totality of assets.

How to Avoid Predatory Lending

  October 31, 2013     By Elayne M. Perez, PA
Predatory lending encompasses a wide range of deceptive and unfair practices. Learn how you can avoid the lending scams that will put your home at risk of foreclosure.

BANKRUPTCY: Chapter 7 - Lien Stripping of Second Mortgage

  October 31, 2013     By Joseph W. Segraves, Attorney at Law
Bankruptcy debtors in Georgia are frequently faced with the difficult decision of what to do about the debt on their residence. Discharge and release of the lien of the second mortgage debt is possible in a Chapter 7 Bankruptcy case. Stripping of the lien of a second mortgage requires filing a separate proceeding within the bankruptcy case, and the use of a qualified attorney is recommended.

Chapter 13 Bankruptcy Provides Options for Individuals with Ongoing Medical Problems

  October 15, 2013     By The Rollins Law Firm
Medical debt is a leading reason for filing bankruptcy. Most debtors assume that chapter 7 bankruptcy provides the best solution to deal with medical debt. However; a little know feature of chapter 13 can provide substantial benefit to debtors with continuing medical issues. Chapter 13 helps debtors by reducing their debt obligations to an affordable monthly payment. The debtor can later convert the case to chapter 7 and wipe out any new debt incurred since the case was originally filed.

EU Proposal for a European Bank Account Preservation Order

  October 14, 2013     By Harris Kyriakides LLC
The European Commission has recently proposed to introduce an EU-wide freezing order known as a European Account Preservation Order (EAPO) to ease the recovery of cross-border debts for both citizens and businesses.

Debt Collection in Italy

  October 9, 2013     By Princivalle Apruzzi Danielli - Studio Legale
Nowadays, always more and more companies cannot avoid facing the threat of unpaid invoices which obliges them to spend time and energy in long procedures in order to recover the due payment. Thus, since its start, our law firm has been developing an increasing experience in the field of bad debt collection. We currently represent our clients throughout the procedural steps required to obtain their payment, giving them the most appropriate legal support.

Stuck With Unaffordable Student Loans, Now What?

  October 4, 2013     By
Every year, millions of students are convinced to take on student loans with promises of huge salaries upon graduation, but often the reality is a bit different and these same students are left with an enormous debt and little or no means of repayment. Indeed, these debts can last for decades.

Different Types of Bankruptcies in America and the Bankruptcy Abuse Prevention and Consumer Protection Act

  September 29, 2013     By
The recent economic downturn put many in a difficult financial position, unable to repay all of their obligations. This has been true for not just individuals, but businesses and cities, as well. When this occurs, the law provides a mechanism for getting out of control debts back under control, either by restructuring debt or wiping out certain types of obligations. This is bankruptcy.

Detroit's Casino Tax Dollars Become Issue in City's Bankruptcy

  September 25, 2013     By
Detroit was one of the most heavily hit cities during the recent economic downturn. Although it has started to rebound, based in large part upon federal subsidies provided by the Obama Administration which many credit with saving the American auto industry, the city continues to deal with financial woes as it struggles through the larges Chapter 9 municipal bankruptcy in US history.

Merger of American Airlines and US Airways After Bankruptcy May Face Anti-Trust Law Issues

  September 12, 2013     By
A bankruptcy judge in New York has endorsed a plan to merge American Airlines and US Airways. That approval, however, is contingent upon the outcome of an anti-trust lawsuit filed by the US Department of Justice which asserts that such a merger would deprive the marketplace of choice and competition.

Effects of Bad Credit and Legal Considerations

  September 9, 2013     By
Negative credit can have many far reaching consequences. Although you may not realize it, the health of your credit history will determine whether or not you are suitable for all sorts of things, including basic needs like renting an apartment or getting a job.

Collection Assignments and Authorization to Collect – Germany

  August 30, 2013     By GRP Rainer LLP
A collection assignment authorizes the assignee to claim the assigned accounts receivable as his own and therefore in his own name.

Fighting Credit Card Debts in Arizona

  August 29, 2013     By
Are you an Arizona resident that has fallen behind on credit card debt? Is the credit card company harassing you with phone calls, letters, or worse, filed a lawsuit against you? If you find yourself in this situation, you have several options, and some are better than others. So what are your options?

Common Questions About Bankruptcy

  August 25, 2013     By
Bankruptcy is a legal proceeding that helps some people who cannot pay their bills get a fresh financial start by temporarily, or permanently, preventing creditors from collecting debts from you. Bankruptcy is generally considered the debt management tool of last resort because the results are long-lasting and far-reaching. A bankruptcy stays on your credit report for 10 years, making it difficult to acquire credit, buy a home, get life insurance, or sometimes get a job.

Debt Recovery in Albania

  August 25, 2013     By LPA Law Firm Albania
Debt collection is a legal procedure whereby the creditor fails to enable by the debtor a payment of a monetary obligation, which the latter has failed to perform wholly or partly on a defined deadline.

What Kinds of Debts are Discharged in Bankruptcy?

  August 20, 2013     By
When we talk about discharging debts in bankruptcy, we are usually referring to a Chapter 7 bankruptcy. Typically, a Chapter 13 bankruptcy involves a restructuring of debt rather than a discharge, or forgiveness of debt. For that reason, for most people the main goal of filing for Chapter 7 bankruptcy is to discharge / wipe out their debts. For example, while there are many other types of debt that Chapter 7 will discharge, credit card debt is one of the most commonly discharged debts.

The Process for Filing an Arizona Bankruptcy

  August 16, 2013     By
Bankruptcy can be a complicated process with many technical requirements and provisions. Understanding the basic steps for a bankruptcy in Arizona will help you know how to prepare and what to look out for as you move forward.

Top Mistakes Made in Foreclosures

  August 14, 2013     By
Mortgage foreclosure is the process by which the bank takes your home for not paying your loan. It can be a long, difficult, and confusing process for many homeowners, and if you are facing a foreclosure you should contact a local, qualified attorney for advice on how to respond. In the meantime, here are 10 common mistakes people make during a mortgage foreclosure:

What is the Difference Between Chapter 7 and Chapter 13 Bankruptcy?

  August 14, 2013     By
When preparing to file for bankruptcy, there are often many things on your mind. How will this affect my credit? Will I be able to pay for this? What will I lose? What will I gain? But one question that many people do not even know to ask is “what is the difference between a Chapter 7 and a Chapter 13 bankruptcy?” The answer can have profound repercussions on your case.

Short Sales Increase

  August 6, 2013     By Patriot Law Group
A short sale allows the lender to avoid the work involved in foreclosing and then trying to sell a property. It allows the homeowner to avoid foreclosure. However, a short sale can also be challenging to all involved.

Federal Fiscal Court: Prohibition of Set-Off Payments in Bankruptcy and Insolvency Proceedings - Germany

  July 2, 2013     By GRP Rainer LLP
The German Federal Fiscal Court, Bundesfinanzhof (BFH), has changed its opinion on allowing set-off payments in bankruptcy proceedings in its judgment from July 25th 2012.

Taking the Mystery out of Bankruptcy Auctions

  June 18, 2013     By Patriot Law Group
Chapter 7 bankruptcy, also known as "debt liquidation," allows people to wipe out most kinds of debt and achieve a financial fresh start.

Tips for Finding the Right Bankruptcy Lawyer for You

  May 31, 2013     By Loop Bankruptcy
Individuals facing the possibility of bankruptcy are invariably under great stress, both emotional and financial.

Guide to Restructuring & Insolvency - Greek Chapter

  May 29, 2013     By Potamitisvekris
Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Restructuring & Insolvency 2014, (published in November 2013; contributing editor:Bruce Leonard).

UAE Law - Consumer Protection Rights

  April 11, 2013     By Prudential Middle East
The protection of consumer rights is one of the great responsibility of UAE Government. By availing these services the consumers can save their money and time through long court litigations while having cost effective and prompt justice for them through dispute resolution proceedings.

What Comes First: Bankruptcy or Divorce?

  April 8, 2013     By Law Offices of Marshall D. Schultz
It’s a reality that bankruptcy and divorce often coincide, but the question is, which should come first, bankruptcy or divorce? The answer to that question will depend on your individual set of circumstances and if you want to take the risk and wait.

What Is a Bank Levy

  March 14, 2013     By Law Offices of Stephen B. Kass, PC
Imagine getting a letter in the mail informing you that your mortgage payment has been rejected by your bank for insufficient funds. This may be because your bank account has been levied by another creditor whom you owed money.

Debt Recovery in Turkey

  February 22, 2013     By Deniz Law Office
This article is an overview of Debt Recovery Procedure in Turkey

Garnishment (Seizure Of Assets) as a Means of Repossession - Germany

  January 22, 2013     By GRP Rainer LLP
The foreclosure law provides creditors a lot of ways to enforce their claims against the debtor. Garnishment (the seizure of assets) is one of the most popular among them.

What You Should Know About Bankruptcy

  January 4, 2013     By Law Offices of Marshall D. Schultz
The average person knows little about bankruptcy, but many have heard common bankruptcy myths floating around. If you are drowning in debt, this is what you should know about the bankruptcy basics.

Debt Collection in Thailand: Getting Your Money Back

  December 14, 2012     By G.A.M. Legal Alliance
Recovering an unpaid debt in Thailand is often a tricky task that can be made more distasteful when the debtor, whether it is Thai or a foreigner, refuses to settle even after numerous attempts. Many expatriates and even companies, who do business in Thailand, have run into difficulties with debt recovery.

Do You Have a Great Credit Score? Can You Keep It??

  December 4, 2012     By Bornmann Law Group, PLLC - Bankruptcy Lawyers
If you have a good or even a great credit score, many other people will be trying to steal your information and ruin your credit score. Identity theft is on the rise throughout America. In a way it is a silent crime that can do severe damage to a person's credit score and financial situation. Chances are, either you, some family member, or someone you know has been negatively affected by theft of their identity.

As the FED Buys $40 Billion Worth of Mortgages a Month, Homeowners Need to Pay Attention

  December 3, 2012     By Oaktree Law
Will the FED's actions affect you?

I Owe More than My House is Worth and Waiting on the Bank to Threaten Foreclosure --- What Can a Homeowner Do?

  December 1, 2012     By Wischmeyer Law Office
The United States is going through one of the worst recessions since the Great Depression. Bankruptcy filings have increased, unemployment is high and home values have decreased exponentially since 2007 highs. Many home owners are finding they have a lot of debt, a house that is not worth what they owe, no ability to refinance and no ability to sell a home because they owe more than it is worth.

Government Agency Established to Curb Large Banks from Committing Fraud Is Now Targeting Homeowners

  November 21, 2012     By Oaktree Law
Learn how a federal agency, made to protect homeowners, has now turned on them.

Wage Garnishments and How to Deal With Them

  November 21, 2012     By Bornmann Law Group, PLLC - Bankruptcy Lawyers
When you are unable to pay your bills, creditors have no choice but to try various means to collect from you for monies that are owed to them. One of the options available to bill collectors is to get a writ of garnishment against you and proceed to garnish your wages. If you are having trouble making ends meet the way it is, how are you ever going to be able to get by with up to 25% of your wages being taken from you via a garnishment from one of your creditors?

Foreclosure and Bankruptcy Both Have a Negative Effect on Your Credit Score

  November 21, 2012     By Bornmann Law Group, PLLC - Bankruptcy Lawyers
For many people in Arizona considering to surrender their house in a foreclosure. There are some things to consider. Your credit score will suffer significantly. A comparable option is to file for bankruptcy protection. Declaring bankruptcy offers a debtor protection from lawsuits and the ability to wipe out all or a portion of his unsecured debts. Plus, within the bankruptcy a person can surrender their home and not have to have both a foreclosure and a bankruptcy on their credit report.

Cosigner Liability in Chapter 7 Bankruptcy

  November 16, 2012     By Warren & Migliaccio, LLP
Chapter 7 bankruptcy does not erase cosigner liability. Cosigners may still have to pay your debt. Chapter 7 bankruptcy attorneys near Plano, Texas can explain.

Product Liability Cases of Interest from 2011 and 2012

  November 6, 2012     By Law Offices of Robert J. McGuirl, LLC
New Jersey federal and state courts and the U.S. Supreme Court, in addition to a federal court in New York, have issued a number of opinions regarding products liability and related issues since the beginning of 2011. Below is a synopsis of some of the more interesting and important of those decisions.

Manage Your Accounts Receivable In Germany

  October 30, 2012     By GRP Rainer LLP
Default customers are quite often a factor behind company insolvency, according to statistics. Even for successful companies, bad payment behavior by customers may turn into a major problem with severe consequences. Creditors should consider advising outsourcing the reminder and all further steps to a lawyer. In most cases, the first reminder on headed paper from a law firm will make defaulting customers pay their debts.

Contractual Attorney Fee Awards May be Contested

  October 26, 2012     By Jaburg Wilk
The Court of Appeals has held that even where there is a contractual fee shifting provision, that the court retains discretion to limit any award to a reasonable level. Successful parties will have to be ready and able to prove that requested fees are reasonable, even where the other party has expressly agreed by contract to pay all fees.

Debt Financing: Obtaining Foreign Currency Loans From Foreign Creditors - Ukraine

  October 26, 2012     By Frishberg & Partners
Until May 7, 1997, much to the ongoing dismay of the Western financial world, debt financing was not an option for most Ukrainian companies. The key obstacle was the now-cancelled National Bank’s Provision No. 329, dated December 29, 1995, which strictly required all Ukrainian residents to obtain a special license prior to receiving loans in foreign currency from foreign creditors. Naturally, such licenses were not generally granted to the average Ukrainian company.

Discharging Debt Through Bankruptcy

  October 10, 2012     By Law Offices Of Jacoby & Jacoby
When filing for bankruptcy one of the main concerns is the amount of debt that will be discharged; meaning that the individual responsible for it will no longer be required to pay it. Bankruptcy is a federal matter and needs to be filed accordingly. There are different forms of it and they all have their own specifics that will need to be understood prior to filing.

The Consequences of Forgetting a Creditor

  October 4, 2012     By Law Offices of Stephen B. Kass, PC
During the bankruptcy process a debtor has to list all of his creditors on his bankruptcy petition. Sometime during this process the debtor forgets a creditor or two. It is completely normal to forget to list a creditor. Debtors are under extreme stress and sometime have to keep track of many creditors. If this occurs it is best to seek the advice of a bankruptcy attorney.

Managing Student Loans

  October 4, 2012     By Law Offices of Stephen B. Kass, PC
Students these days blindly sign up for student loans to pay for college without realizing the big picture of having to pay them back. It is not usually until after college that the students realize the massive loans they now have to pay off. Student loan debt is a more acceptable loan compared to, say, credit card debt, but still needs to be repaid.

Collecting Accounts Receivable and Business Debts

  September 18, 2012     By The Law Offices of Ira S. Newman
Introduction - The Legal Aspects of Credit and Collections - To succeed, businesses must be paid promptly and in full. With the help of their lawyers, business owners and managers can collect promptly and protect their rights regarding credit and collections. This pamphlet reviews the legal aspects of credit and collections, including credit checking; collection letters, and collection lawsuits.

Buyer Beware: Bankruptcy Now has More Strings Attached Than Ever

  September 17, 2012     By Ross Feller Casey, LLP
Information for homeowners about the reality of bankruptcy. All home buyers, particularly in light of the real estate collapse of recent years, should be aware of material changes in bankruptcy law which could affect them in the event of financial hardship. There are two key components a prospective or recent home buyer should be mindful of concerning a potential bankruptcy.

Judicial Foreclosure Creates Conflict for Redemption Rights and Fair Market Valuation

  September 14, 2012     By Jaburg Wilk
Arizona borrowers have two foreclosure options: non-disclosure (aka trustee sale) and judicial foreclosures. Arizona borrowers are not accustomed to judicial foreclosures, as the vast majority of foreclosures in Arizona are non-judicial. However, there are both legal and strategic reasons why a lender might choose judicial foreclosure over a trustee sale.

Bankruptcy Crimes

  September 11, 2012     By Law Offices of Stephen B. Kass, PC
Filing bankruptcy may be a test of honesty and integrity. Bankruptcy crimes protect the aims of bankruptcy, which is to give a new start for consumers, reorganize businesses, and equitably distribute a debtor's assets to creditors. Bankruptcy crimes may occur throughout the bankruptcy process. For example, in Chapter 13 bankruptcy when a debtor fills out a petition, the person needs to make sure everything is true.

Small Business Bankruptcies

  September 11, 2012     By Law Offices of Stephen B. Kass, PC
There are a lot of costs in owning a small business – permits, licenses, payroll taxes for workers. For the small business owner who has a lot of debt, but can't pay, creditors may threaten legal action against the owner or ask for money upfront. How much creditors collect, and how creditors can go about collecting debts, depends on how an entrepreneur organizes the business, whether the owner personally guarantees repayment of debts, and whether a small business owner files for bankruptcy.

Unsolicited Calls for Debt Settlement? Handle with Caution!

  September 11, 2012     By Melvin R. Singleterry - Associated Attorneys, LLC
In their attempt to enroll distressed Americans in a “debt settlement” or debt reduction program, supposed debt settlement providers are becoming very aggressive with unsolicited telephone calls, which are at an all time high. Rules set forth by the Federal Trade Commission regarding debt settlement program solicitations are mostly being ignored and totally disregarded by those who would use this form of solicitation.

Borders Bankruptcy and What You Can Learn From It

  September 6, 2012     By Malaise Law Firm
Borders- it used to be a place where book lovers could pick up a new title, sip a coffee beverage and lounge on a couch while disappearing into a literary wonderland. Then came 2011 when the company declared bankruptcy and closed up to 275 stores. The company closed about 30% of its stores and focused instead on e-books and non-book products- seeking to expand But eventually, the inevitable happened and Barnes & Noble bought out Borders for $13.9 million.

Company Sale: Limited Opportunities, Unlimited Liability - Hungary

  September 6, 2012     By Jalsovszky Law Firm
With the amendment of the Bankruptcy Act of Hungary, from 1 March 2012 the legislator has significantly expanded the scope of such circumstances when the unlimited liability of the former shareholder of a company can be established. The present article wishes to highlight those circumstances when the unlimited liability of the former shareholder of a company can be established and the ways how such liability can be avoided.

Student Loans and Bankruptcy: Can College Loans Be Discharged?

  September 5, 2012     By Kantor Law Group
When it seems impossible to pay off your student loans, bankruptcy often seems like it should be a solution. We get calls inquiring about this fairly frequently. Unfortunately, bankruptcy is rarely a solution for delinquent college loans because federal law does not allow student loans to be discharged in bankruptcy . . . in most cases.

Bankruptcy for Struggling Businesses

  August 29, 2012     By DC Law Group
Businesses fail for many reasons but one of the main problems that may plague a business is bad debt. If you enter into contracts that turn out to be a bad deal, if you have an investment property that significantly declines in value or if you borrow money at too high of an interest rate, this can make it impossible for your business to become profitable even if you have a solid product and a good customer base.

Debt Collection in Albania

  August 28, 2012     By LPA Law Firm Albania
In contrast to other countries, debt collection is mainly performed by lawyers and not by collection agencies in Albania. Consequently, lawyers in Albania undertake to perform the task of recovering debt for their clients; this naturally leads one to conclude that lawyers are skilled and experienced in the collection of debt.

Re-establishing Your Credit after Bankruptcy

  August 27, 2012     By Erin B. Shank, PC
Your credit report and credit score are very important assets for you to protect. If you are reading this article, you probably have had a catastrophic event that has caused you to experience financial problems which have seriously hurt your credit and your credit score.

Bankruptcy vs. Loss Mitigation

  August 22, 2012     By The Neustein Law Group, P.A.
There are differences between bankruptcy and loss mitigation when it comes to solving your mortgage problems. A Broward County foreclosure attorney explains. When you are facing foreclosure, you may consider alternative measures such as bankruptcy or loss mitigation. It is important to understand the differences in evaluating which option might be best for you.

Common Bankruptcy Myths Finally Debunked

  August 19, 2012     By Erin B. Shank, PC
Several years ago, a fellow bankruptcy lawyer told me that our job as bankruptcy lawyers is to get our clients to tell us all of the "Dairy Queen Law" that they know. Several years ago, a fellow bankruptcy lawyer told me that our job as bankruptcy lawyers is to get our clients to tell us all of the "Dairy Queen Law" that they know. “Dairy Queen Law” is all the bankruptcy law that the clients learned about at the local “Dairy Queen” from friends, family members, waitresses and other patrons.

Prevent Creditors from Harassing You

  August 12, 2012     By Bornmann Law Group, PLLC - Bankruptcy Lawyers
When you fall behind on your bills and owe everyone in the world money, chances are your phone will be ringing all day with creditors looking for money. Once you are in a similar situation to the one described, it quickly becomes overwhelming. Not sure where to turn? Consult a debt relief expert and find out your options. An experienced bankruptcy attorney can assist you while trying to get creditors to stop harassing you and your family.

Why Paying the Minimum Balance on Your Credit Card is a Bad Idea

  August 8, 2012     By Malaise Law Firm
While it may seem like you are getting more for less, paying the minimum balance on a credit card could leave you paying hundreds more than the item was originally worth. The way credit card companies make money is by getting you to pay interest in items that you purchase with their cards. One of the most important things to consider when making payments toward your credit card balance is “what is my interest rate?”

Pledges - What is a Pledge?

  August 2, 2012     By Michael Chambers & Co. LLC
A pledge is a form of real security giving the creditor (“pledgee”) proprietary rights over named property belonging to the debtor (“pledgor”). The pledgee has the right to retain those proprietary rights over the pledged property until an obligation (for instance payment of a debt) is discharged and the property is then restored back to the pledgor or alternatively...

Bankruptcy a Viable Option to Pay your Debts

  July 24, 2012     By Erin B. Shank, PC
Bankruptcy is a viable option if you cannot pay your debts and support your family. If creditors are calling you at home and at work, writing you threatening letters or even filing suit against you, a bankruptcy filing can stop these things and give you breathing room to begin a fresh start.

Hiring the Right Attorney is Critical! Some Common Pitfalls to Avoid

  July 21, 2012     By Bailey & Galyen
To draw an analogy, think of a burst pipe in your kitchen — water gushing everywhere, running into the next room and ruining your rugs and furniture, and creating a large mess. You want to bring in a plumber who can fix the problem at the source, not merely put a Band-Aid on it. We all know this is the right way to go about it because we know how it plays out if we do not — the numerous plumber visits, the time taken off from work to meet the plumber, the mess you’re left to clean up.

Can a DUI Lawyer in Seattle Help Me if I Refused a BAC Test?

  July 13, 2012     By DC Law Group
In Seattle, it is possible to be arrested for driving under the influence of alcohol and to face criminal sanctions based on your refusal to take a blood alcohol test. A blood alcohol test, or a BAC test, is a test to determine if you are driving when over the legal limit. If you refuse this test, you need to call a DUI lawyer Seattle right away since you refusal can have serious consequences.

Will a Bankruptcy Attorney in Seattle WA Help Me Reduce my Car Loan?

  July 13, 2012     By DC Law Group
Having a car is a necessity in this day and age, but unfortunately cars can sometimes be very expensive and you will almost always need to take out a car loan to buy yourself a vehicle. Cars also lose value quickly, meaning that you may find yourself owing more on your car than what the vehicle is worth, or unable to sell the car and pay off your loan if you fall on financial hard times.

Debt Harassment and the Florida Consumer Collections Practices Act

  July 12, 2012     By The McCue Law Firm, P.A.
Florida Statutes (2011) §§559.55-559.785, also known as the Florida Consumer Collections Practices Act, is designed to help protect consumers from illegal practices by collection agencies. Those who violate these laws could be held criminally as well as civilly responsible.

How Does Student Debt and Credit Card Debt Affect Each Other?

Statistically the majority of people that graduate from college have some sort of student loan debt. Many of these same people have also been plagued with credit card debt as well making life extremely difficult for trying to get out from under the large burden of having combined credit card debt and student loans.

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