Bankruptcy Law Articles

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

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Reform 3/2009 to the Spanish Insolvency Law

  June 26, 2009     By Mariscal & Associates
The Royal Decree Law 3/2009 of the 27th of March is a recent reform of the principal Spanish rules relating to insolvencies, i.e. the Insolvency Law 22/2003 of the 9th of July.

Truth about Foreclosure Rescue

  June 6, 2009     By Harrington Law Associates, PLLC
We have been in this housing crisis for a while now and the misconceptions have had a chance to proliferate. It is time for some straight talk, from a leading practitioner in the industry, which homeowners can rely on in making crucial decisions about their distressed properties.

New Life for Bankrupt Projects?

  June 4, 2009     By Norris McLaughlin & Marcus, P.A.
Chapter 11 reorganizations may now be feasible for single asset real estate entities.

Is Bankruptcy for You?

  June 4, 2009     By Graves Law Firm
What You Need to Know Before Filing Bankruptcy

The Preferred Method of Responding to Preference Demands: How to Know when to Say Deal or No Deal

  June 4, 2009     By Norris McLaughlin & Marcus, P.A.
With the recent onslaught of large bankruptcy filings occurring nationwide, many of which are ending up with the filing companies being fully liquidated, if you have not yet started receiving preference demand letters from debtors or bankruptcy trustees offering you quick discounted settlements, you probably will over the course of the next few months.

Problems with your Lender?

  June 3, 2009     By The Gierach Law Firm
Working out your issues with your lender. It is a fair statement that no one could have predicted the direction of the economy and the havoc that the economy would play in the commercial real estate market. Investing in real estate seemed like the ideal investment at the time—several years ago.

Mortgage Foreclosure in France

  May 14, 2009     By Fabien Cordiez Avocats & Solicitors
Should you consider handing over your keys back to the bank?

How will Bankruptcy Affect your Credit?

  May 13, 2009     By Schwilm Law Firm
Bankruptcy is often seen as a quick fix for credit problems and it is. Filing and obtaining a bankruptcy ruling will stop creditors from harassing you for payments and it can wipe out all credit card debt and other unsecured debts.

Bankruptcy vs Debt Settlement - How to Compare?

  May 8, 2009     By Schwilm Law Firm
Receiving frequent calls and letters from the debt collectors increase the stress in the difficult situation. Fortunately, there are solutions for those dealing with what seems to be insurmountable debt.

Why you Need an Attorney to File Bankruptcy in San Diego

  April 30, 2009     By Charles E. Andersen - Absolute Bankruptcy
You may need help with your bankruptcy

French Insolvency Law - Leaseback Issues

  April 8, 2009     By Fabien Cordiez Avocats & Solicitors
Pursuant to the Insolvency Act 26 July 2005 and Article L622-17 of the Code de Commerce, debts arising after the date a French company is put into Receivership must be paid by the company's Receiver. However, those debts e.g. rents that arose prior to the leaseback company becoming insolvent must be lodged in the insolvency proceedings. This is a necessary step in order for the Court to admit claims and consider you as a (usually non-preferential) creditor in the Receivership.

Modern Designs of Cross-Default Clauses - Germany

  April 6, 2009     By Pugnatorius Ltd.
Cross-default clauses are part of the customary tools and modules of international banks. Their operational area covers credit agreements with enterprises, as well as governments and governmental agencies all over the world.

Practice & Procedures for Properly Closing a Foreign Invested Company in China

  March 26, 2009     By Gaopeng & Partners
In light of the financial downturn, many foreign invested companies simply are abandoned by their foreign investors. However with recent guidelines issued by the Chinese government, foreign investors may be subject to more substantial liability, for failure to properly close their FIE. This article sets forth guidelines regarding proper closure of an FIE.

Discharge of Unfiled Taxes under BAPCPA: No More Super Discharge

  March 10, 2009     By Law Offices of Stephen B. Kass, PC
The article details the effects of the new bankruptcy law on income tax discharges.

You Own the Business, Should you Own the Space?

  March 8, 2009     By The Gierach Law Firm
Both individuals and businesses are faced with the choice of whether to lease or whether to purchase property. Many of the same considerations apply whether the property is an automobile, a personal residence or an office condo or building. These considerations need to be weighed by the individual or company to determine which is the right decision for you.

Debt Collection in Romania

  March 6, 2009     By Goia & Taralunga Law Offices
In Romanian Law a debt represents a patrimonial right in on the basis of which the creditor can request from another person (named debtor) to act per his obligations.

Advice on enforcement of a UK Court Judgment in France

  January 8, 2009     By Fabien Cordiez Avocats & Solicitors
Which assets are capable of being taken by execution in France on an English judgment?

Piercing the Corporate Veil in Florida

  December 28, 2008     By Harrington Law Associates, PLLC
Limitations to corporate liability protection. Principles discussed are of general application, though legal authorities cited are based on Florida law.

Florida Foreclosure Fraud Protection Law Enacted - Homeowners Provided Protection against Mortgage Loan Modification Firms

  December 19, 2008     By The Neustein Law Group, P.A.
On October 1, 2008, the Florida legislature enacted the Florida Foreclosure Fraud Protection Act. This new law protects homeowners from many of the foreclosure rescue scams, unlicensed loan modification companies, and other questionable companies that are targeting people in foreclosure.

Can I Really Stop Foreclosure?

  November 7, 2008     By The Neustein Law Group, P.A.
Most people do not realize that they can stop foreclosure even if they stopped paying their mortgage.

The Looming California Rental Crisis - Coming to a Town near You

  October 24, 2008     By The Law Offices of R. Sebastian Gibson
This article uncovers the next real estate crisis, a shortage of affordable rental properties. As someone familiar with the real estate market in the Coachella Valley of California, the author examines this area of California in particular and uncovers what could be a silver lining soon for the construction industry especially in light of the decline in new construction. While real estate agents are also suffering, and brokerage houses are closing, the rental industry may be ready for a boom.

The State of the Construction and Building Industry in California - More Problems on the Horizon

  October 24, 2008     By The Law Offices of R. Sebastian Gibson
The author of this article discusses some possible new problems the construction industry may face in the current economic crisis. As one familiar with real estate and construction issues in California, the author discusses constractor lending problems, construction defect and lender lawsuits and looks at what could be an even more perfect storm heading for the construction industry in California.

The Real Estate Crisis in California and Lawsuits in the Wake of the Credit Crunch

  October 24, 2008     By The Law Offices of R. Sebastian Gibson
The author of this article discusses some possible new problems the real estate market may face in California as the economic crisis and credit crisis grows. The article also focuses on some new construction law problems in California related to the credit crisis and the relates the type of calls attorneys are now getting from the public in fear of losing their homes.

Draft TARP Bailout Forms For The $700 Billion Dollar Troubled Asset Relief Program

  October 24, 2008     By The Law Offices of R. Sebastian Gibson
The author has prepared these draft forms for use in TARP, the $700 billion Troubled Asset Relief Program. While the forms may need some tweaking, in this humorous article the author provides draft forms not just for TARP 1, but also for TARP 2 when financial institutions need to request additional funds.

The $700 Billion Bailout - The Start of $700 Billion in Regulations for Lawyers to Figure Out

  October 24, 2008     By The Law Offices of R. Sebastian Gibson
This legal author discusses the $700 Billion Bailout Plan, the Troubled Asset Relief Program (TARP) and what it means for federal regulations lawyers who will be called to interpret the law and the truckloads of new regulations that will likely follow. After years of deregulation in the U.S. and internationally, one thing is certain in these uncertain times. There are going to be a great deal more regulations put on the financial and other industries.

Manager's Liability within the Framework of Bankruptcy

  May 9, 2008     By Mariscal & Associates
The still recent Spanish Bankruptcy Law more fully examines the legal system regarding company managers’ liability. This new liability system serves to supplement the system already provided for in the Public Limited Company and Limited Liability Company Laws, as well as the Criminal Code, within the framework of corporate crime.

Proofs of Claim in Bankruptcy

  May 7, 2008     By Steven L. Higgs, PC
The simplest way for creditors to protect their rights in bankruptcy cases is by properly filing a proof of claim. This article discusses briefly the necessity for filing a proof of claim, the procedure for filing a proof of claim, and the effect of filing a proof of claim in a bankruptcy case. Citations have been omitted from this version of the article.

Decline of Request to Extend the Bankruptcy to Vice-President of a Bankrupt Company

  February 29, 2008     By Canosa Abogados
Courtroom E of the National Commercial Court of Appeals (the “Court of Appeals”) confirmed a ruling passed by the Court of First Instance which declined the request of a company’s trustee in bankruptcy to extend the bankruptcy to the company’s vice-president due to an alleged use of the company’s funds to his own personal benefit.

Insolvency Proceedings in Argentina

  February 29, 2008     By Canosa Abogados
We briefly analyze the insolvency proceedings available to both companies and individuals in Argentina.

Mortgage Securitisation in Turkey

  January 23, 2008     By SB Attorneys at Law
A new beginning.

Mortgages in Bulgaria – Specific Issues

  January 11, 2008     By Valova & Angelova
The mortgage is generally interest in land given to a creditor by the owners of a property as a guarantee for a loan.