HG.org Legal Resources

Bankruptcy Law Articles

Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Bankruptcy.


VAT and Selective Tax in Saudi Arabia

  May 8, 2017     By Hazim Al Madani Law Firm
Recently, some questions and discussions have been raised on the Saudi street as well as through the audio and visual media on the decision of...

Dutch Court Torpedoes Attempt to Bypass Procedural Regulation

  May 2, 2017     By AMS Advocaten
A recent decision in a Dutch court thwarted an attempt circumvent the maximum time period for retaining a bankruptcy request. AMS discusses how...

Doing Business and Collecting Debts in Hungary

  May 2, 2017     By Bierens
Should you have outstanding debts in Hungary or should you plan to do business in the country, there are a few things you might want to consider...

Can I Get an Injunction for the Garnishment of My Wages?

  April 25, 2017     By HG.org
Wage garnishments occur with frequency when certain conditions transpire where the individual must pay a company or organization. If a person...

Misrepresented Wraparound Lien Upon Sale, What Are My Options?

  April 14, 2017     By HG.org
Real estate laws are often difficult to understand because they change constantly. The state the property resides in has laws that affect what...

Dutch Right of Lien on Claim Lapsed Because of Collection by First Pledge Holder?

  April 13, 2017     By AMS Advocaten
Multiple pledging of one and the same property is a regular occurrence in the Netherlands, the holder of the first pledge takes precedence above...

Forged Loan Termination Agreement No Benefit to Debtor in the Netherlands

  April 13, 2017     By AMS Advocaten
In summary proceedings in the Netherlands concerning an unpaid loan, the debtor suddenly produced an important document. This was purported to...

Debt Collection in China

  April 13, 2017     By Zhejiang Xinmu Law Firm
[The] collection of commercial debts in China can only be carried on by Chinese lawyers.

Can a Lawyer Help Me Defend Against Foreclosure?

  April 12, 2017     By HG.org
Before someone may attempt to defend against foreclosure, it is important to understand what it is and how it affects those impacted by it....

Can a Student Loan that Was Discharged in Bankruptcy Still Be Subject to Tax Offset?

  April 4, 2017     By HG.org
Student loans are a constant worry for many individuals that go to college and cannot afford the tuition and fees associated with the admission....

Articles of the Civil Code of Costa Rica applied to the factoring

Factoring -also known as assignment of invoices or discount of invoices- is one of the most widely used financial tools in Costa Rica. This...

Aztec Oil & Gas Securities Sales Investigated

The Aztec Oil & Gas Investor Center is the resource for investors in oil and gas programs organized by Aztec Oil & Gas, an oil-and-gas company...

When to Hire an Attorney for Your California Creditor-Debtor Rights Dispute

Creditor-debtor rights disputes can place a small business in a precarious situation.

Identification of Debtor only under Exceptional Circumstances in The Netherlands

Unfortunately, it often happens that a creditor misses the boat because the debtor keeps their assets in a legal entity. The debtor may be...

So You Want to File a Bankruptcy on Your Own in Texas, Do You?

Bankruptcy is more than just filling out a few forms and filing them. One of the forms you file with your bankruptcy petition gives the warning...

Bank Foreclosures in Greece Delayed

SYRIZA won two national elections due to voter appreciation of its strong, anti-memorandum rhetoric. Support from ANEL and slogans such as...

Director of Limited Company in Germany Subject to Similar Liability as GmbH Managing Director

As in the case of a managing director of a German Gesellschaft mit beschränkter Haftung (GmbH) [private limited company], the director of a...

Ukranian Law on Financial Restructuring Adopted

Law of Ukraine "On Financial Restructuring", drafted to overcome the negative effects in financial sector, caused by the crisis in the economy...

Subrogation in Loan Agreements Under Italian Law

Subrogation in loan agreements (“surroga del mutuo” or “portabilità del mutuo”) is an innovation introduced in Italy by the Budget Law of 2008,...

Debt Collection in Bosnia and Herzegovina

Poor payment discipline in Bosnia and Herzegovina is a burning problem of a modern society faced by all legal entities, but also individuals....

Debt Collection in Greece

Chasing up late payments is a regular chore for most businesses that sell on credit. An effective approach to debt collection helps boost...

Insolvency Procedure in Ukraine: Key Aspects 2016

Insolvency in Ukraine is governed by the Law of Ukraine “On restoring debtor’s solvency or declaring it insolvent” (the Insolvency Law), the...

Do I File For Bankruptcy or Divorce First?

Bankruptcy and Divorce can go hand in hand. The timing of which to do first can be a difficult decision and can have a major impact on your...

Bank in breach of duty of care in the case of excessive lending in the Netherlands?

In the current economic climate, more and more people in the Netherlands have problems repaying consumer credits. To protect consumers, lenders...

Neitzel & Cie.: MS Cornelia Sold from Insolvent Ship Fund

Since the beginning of the year, the MS Conny Schifffahrtsgesellschaft mbH & Co. KG (a shipping company) has been the subject of insolvency...

Should Bankruptcy Stop You from Getting a Personal Loan?

Bankruptcy is not the end of the road in getting a loan. It’s neither a financial slaughter house. The old golden days when one would lose hope...

Misuse of Authority in Company’s Own Bankruptcy Application in Amsterdam

In a recent case before the Court of Appeal of Amsterdam, a dismissal of a company’s own application for bankruptcy was upheld in appeal. The...

Ways to Stop Foreclosure

  By HG.org
There are several ways that homeowners can help guard against foreclosure so that they can keep their homes and avoid the negative consequences...

Perfecting Your Security Interest – Requirements for Listing a Debtor’s Name on Florida Article 9 Filings

Florida lenders seeking to secure a lien against the personal property of a borrower in default must follow the guidelines detailed in Article 9...

Enforcement and Seizure Proceedings in Romania

The Romanian courts do not necessarily operate with the speed and efficiency that may be found in Western Europe or the USA but this should not...

What Bankruptcy Can and Cannot Do

  By HG.org
Millions of underwater debtors including individuals and businesses have turned to bankruptcy for relief. While bankruptcy is a powerful way to...

Deciding between Chapter 7 and Chapter 13 Bankruptcy

  By HG.org
Many individuals who file bankruptcy file under the specific chapter that they qualify for. If they are not eligible for one filing, they...

What Not to Do Before Bankruptcy

  By HG.org
Bankruptcy laws are often complex in nature and some filers make mistakes before they ever file their petition at the courthouse. Making certain...

Three Benefits of Chapter 7 Bankruptcy

Some of you may be at a point in your life when you are considering bankruptcy. If so, you may be wondering why a Chapter 7 Bankruptcy may be...

Defending a Debt Collection Lawsuit

  By HG.org
If a person owes money to a creditor, the creditor or debt collection company may commence a debt collection lawsuit against the debtor. If the...

What Happens in a Debt Collection Lawsuit?

  By HG.org
Debt collection companies are often given a specific protocol to follow when collecting debts. Their owners may set out specific rules for these...

What is the Role of a Bankruptcy Attorney?

Bankruptcy is a complex procedure that requires you to make a host of critical decisions from before the time you file straight through to the...

New CFPB Rules and the Impact on Hard Money Lending

Hard-money lending is becoming more popular in the mortgage industry as real estate investors try to find new ways to take advantage of...

Cheque Dishonour Law in Bangladesh

In the modern world it is almost unthinkable that a business would operate without the help of a bank, and as such the use of cheques in...

How to Use a Tax Return after Consolidating Student Loans

  By HG.org
When a person files taxes in which he or she has paid a greater amount of taxes than his or her tax liability requires, he or she can receive a...

What Is a Loan Modification Lawyer?

  By HG.org
Loan modifications are most commonly made to mortgages, often because homeowners are having difficulty making mortgage payments. A loan...

Can You Recover from Bankruptcy and Foreclosure

Former homeowners who have been foreclosed on have to go through an entire year of loss after loss. First, they lose their home and have to...

Recovering Your Romanain Investment

Companies have been formed in the past for many reasons in Romania. Over the past few years the Romanian Trade Registry has endeavoured to clean...

Bankruptcy in Panama: Legal Considerations

Every declaration of bankruptcy, represent certain effects over the person declared bankrupt. Some of them will generally apply to every person...

Avoiding Foreclosure and Eviction without an Attorney in California

Foreclosure is a scary, cumbersome process that often renders homeowners desperate for help, and all too often they call upon unqualified, or...

Legislature Planning Changes to Voidance Actions under Insolvency Law in Germany

Insolvency law is about to undergo major changes. The German Federal Government introduced a bill at the end of September amending voidance...

What Happens If My Property Is Wrongfully Seized and Sold at Auction?

  By HG.org
In some instances, a party has the right to reclaim property and sell it off at auction. This can be the case in a number of legal actions,...

Correcting Inaccuracies in a Credit Report

  By HG.org
Information that is inaccurate or incomplete in your credit file can result in adversely affecting your credit. Possible results include being...

Restructuring and Insolvency in Greece

A Q&A guide to restructuring and insolvency law in Greece.

What Are the Laws Surrounding the Process of Repossession?

  By HG.org
When a borrower falls behind on payments of a secured good, the lender may be able to take steps to repossess this item. This process is...

Five Steps to Take if a Victim of Identity Theft

  By HG.org
Unfortunately when someone realizes that he or she is a victim of identity theft, this is usually become some negative result has already...

Bankruptcy Law in Wisconsin

What can bankruptcy accomplish for a person who is in debt in Wisconsin?

Bang Bang Here Comes the New Robust Bankruptcy Bill in India….Borrowers Beware

Bankruptcy is a legal proceeding in which you put your money in your pants pocket and give your coat to your creditors.

Cyprus Insolvency Law Landmark Precedent; Winding Up Of Orphanides Public Company Ltd

Employing some 2,000 drivers and packers on the supply end and 1,250 for the company, the supermarket chain was deemed the largest one in...

How Do I Get Out of a Co-Signed Lease?

  By HG.org
When a person cosigns on a loan, he or she is agreeing to be liable for the remaining balance if the original person on the lease fails to...

What if I Ignore a Florida Credit Card Lawsuit?

After served with a Florida Credit Card lawsuit, depending on the balance alleged by the creditor or debt buyer, the Defendant has to either:...

How Can I Get a Judgment Released?

  By HG.org
A Satisfaction of Judgment or Release and Satisfaction is a legal document that shows that the plaintiff has been paid all that he or she is...

Fighting Collection After Judgment

  By HG.org
Losing a lawsuit stinks. Getting slapped with a court judgment will leave you filled with dread and wondering what you can do next. This is...

Debt Collection in Turkey

Under Turkish Law, a creditor is granted the right to collect its receivable in two ways. Firstly, it can initiate litigation procedures by...

Sham Lawsuits in the Case of Loan Between Natural Persons in China

As every people can see, China economy is going down. With the tendancy, lending disputes are emerging with large amount. Among these cases are...

Chapter 13 Bankruptcy

  By HG.org
When individuals have accumulated so much debt that it overwhelms them and they are unable to repay all of their debt according to the original...

Fair Debt Collection Practices Act

A debtor's rights under the Fair Debt Collection Practices Act (15 U.S.C., Section 1692).

Normal Creditors and Secured Creditors in Thai Bankruptcy Law

Bankruptcy in Thailand is governed by the Bankruptcy Act of B.E. 2483 (1940) and allows bankruptcy status for both natural persons and juristic...

Defaulted Federal Student Loans and Tax Offsets

  By HG.org
When a person stops making payments on student loans, the Department of Education may take action to collect on this debt. One method is to try...

Mareva or Freezing Injunctions in the Cayman Islands

  By Loeb Smith
A mareva or freezing injunction is an interim court order, restraining a party from dealing with, or removing, assets from the jurisdiction....

Mortgage Companies Win in the Supreme Court

Recently, on June 1, 2015, the United States Supreme Court decided the case of Bank of America v. Caulkett.

Cyprus: New Insolvency Framework

The Insolvency Framework comprises of a package of six legislative texts which entered into force on the 07/05/2015, the date of their...

Things to Consider when Selling Assets before Filing Bankruptcy

Many debtors try to sell off at least some off their assets in order to have money to pay their creditors and to live but there are risks in...

62% Take 121 Days to Settle Invoices

The Queen’s Speech confirmed a new Conservative Enterprise Bill which, for most SMEs, cannot come into play soon enough! The bill is aimed to...

What Are the Laws Regarding Check Cashing and Payday Advances?

  By HG.org
Almost everyone has, at one time or another, come up just a little short when they needed to pay a bill or meet some other financial obligation....

Car Repossession Laws

  By HG.org
Most people who own a car rely on it for getting virtually everywhere they need to go. That may include school, church, the store, or to pick up...

How Do I Declare Bankruptcy?

  By HG.org
Let's face it, bankruptcy is a scary concept. It entails doing something that will erase portions of your debt, restructure other parts, and...

New York Zombie Foreclosures On the Rise

According to RealtyTrac, there were 16,700 zombie foreclosures in New York in 2014. That number has since risen by 54 percent. These homes are...

Wage Garnishment Laws

  By HG.org
If a creditor knows that a debtor is working, one effective method for the creditor to collect on this debt is to have the debtor’s wages...

Alternatives to Foreclosure: Six Options

What are the alternatives to foreclosure? Falling behind on your mortgage payments is extremely stressful. You toss and turn at night, imagining...

The Role of the Execution Judge before and after Issuance of the Execution Law in Saudi Arabia

Before, the execution was performed by the King or his representative according to Article (50) of the Main Laws for the issued rule in 1412H,...

5 Common Debt Buyer Lawsuit Defenses

In addition to each of the defenses available in an original creditor lawsuit, debt buyer lawsuit defenses include standing, limited...

5 Common Defenses to a Credit Card Lawsuit

Five Common Defenses to a Credit Card Lawsuit include reviewing consent orders, inconsistencies, contract amendments, counterclaims, and payment...

What to Expect at a Florida Small Claims Pretrial

Service of a Small Claims Lawsuit is often a consumers first interaction with the civil court. Here is a quick explanation of what to expect at...

Mortgages After Bankruptcy in New York

Credit card debt. Bills piling up. Filing for bankruptcy. Bankruptcy proceedings. Destroyed credit. Foreclosure. All of these things can take a...

New Year, New Start: Life After Bankruptcy in New York

Filing for bankruptcy changes your life. As you know if you recently filed for Chapter 7 or Chapter 13 bankruptcy, filing for bankruptcy takes a...

New Proposals for Chapter 11 Bankruptcy from the American Business Institute

This year, Chapter 11 bankruptcy is getting an overhaul. These changes are designed to make filing for Chapter 11 bankruptcy easier for...

How to Collect Debts Owed by a Bankrupt Client

  By HG.org
When business owners hear that a customer is going through the process of bankruptcy, they may start to write off the debt. However, this may...

What Actions Must a Collection Agency Avoid?

  By HG.org
Third-party debt collectors must conform to a certain set of rules that are prescribed by a variety of federal and state laws. The primary...

What Is the Fair Debt Collection Act?

  By HG.org
The Fair Debt Collection Practices Act was enacted in 1977 in order to curtail abuses by debt collection companies. The act provides protections...

Hounded By Debt Collectors, What Can I Do?

  By HG.org
Debt happens to almost everyone at some point in their life. When one falls behind on those debts, it is natural to feel embarrassed, under...

Tax Offsets for Defaulted Student Loans

  By HG.org
A federal student loan is one of the most difficult items to escape. Federal student loans are usually not dischargeable in bankruptcy....

Florida Homeowners and Investors Bracing for Next Huge Wave of Mortgage Foreclosures

The next foreclosure epdimic is coming from hundreds of thousands of Home Equity Lines of Credit (HELOC)s that are coming due after their 10...

Malta Preparing for Solvency II Directive

On the 22nd of December, 2014 the MFSA commenced a consultation process on proposed amendments to the Insurance Business Act (Cap. 403 of the...

Inherited IRAs and Creditor Protection

Your IRA is protected from creditors if you have to file bankruptcy, but what happens to that IRA if you die and leave it to a child? Many...

What Personal Property is Exempt from Chapter 7 Bankruptcy in Texas?

Chapter 7 Bankruptcy allows debtors to retain all their exempt properties although the ones that are not exempt are typically turned over to the...

Debt recovery process in Poland

If you have a debtor in Poland you will probably need to face standard debt recover process with your Polish lawyer. Before doing so you may...

Debt Collection Proceedings in Spain under Civil Law and Employment/Labor Law

Although debt collection proceedings in civil and employment labor law in Spain are proceedings with the same purpose they have some differences.

If Your Debtor is a Resident of the Ukraine

Debt collection is a complicated juridical procedure, especially if your debtor is in the other country. Along with the already familiar...

Georgia Court of Appeals Decides Against Material Supplier

A recent decision by the Georgia Court of Appeals has given homeowners loop-hole against lien claims as the lien claimant's summary judgment...

How to File a Mechanics and Materialmen's Lien in Georgia

Contractors and suppliers, whose labor, services, equipment or materials were used to improve real estate, may be entitled to file a claim of...

Can the Shares of a Cayman Islands Company be Pledged as Security?

  By Loeb Smith
It is not possible to "pledge" registered shares under Cayman Islands law because title to the shares cannot be transferred by physical...

Debt Collection Procedures in Italy - How to Collect a Debt in Italy

A general overview of the legal steps which are usually followed, under Italian law, in respect of debt collection.

How Can I Get a Bankruptcy Exemption?

  By HG.org
Bankruptcy exemptions can make a dramatic difference in your bankruptcy proceeding whether you are filing Chapter 7 or Chapter 13. While the...

Update your Credit Application Procedures Today

The recession has two valuable lessons for credit managers: First, even the best businesses can become significant credit risks, and, second, we...


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