Bankruptcy Law Articles

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

Pre-pack Bankruptcy: The Transition of an Enterprise in Terms of Employment Law in the EU

  September 20, 2017     By AMS Advocaten
The 22 June 2017 verdict by the European Court of Justice qualifies a pre-pack as the transition of an enterprise in terms of employment law....
FIND LEGAL ARTICLES

Debt Collection for a Foreign Company which Works with Italian and Foreign Companies in Italy

  September 18, 2017     By Studio Legale Marzorati
A foreign company, which imports products from Italy (import) as well as the foreign company, which works bringing products in Italy (export) or...

When You May Need to Contact a Lawyer to Protect Your Creditor Rights

  September 14, 2017     By HG.org
Creditors lend funds to various persons and businesses through contractual agreements with payment terms and other conditions outlined...

Five Steps to Take if You Are 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...

How to Prioritize Your Debt When Paying Monthly Bills?

  September 12, 2017     By Fesenmyer Cousino Weinzimmer
Debt is not just a common fixture in the lives of Americans. For many of us, debt is rampant, wreaking havoc on our credit scores and forcing us...

Stopping Foreclosure Judgments and Sales

  September 7, 2017     By HG.org
Many homeowners find making mortgage payments difficult when they have families or when work slows down. This then causes complications with the...

The Preservation of Foreign Bank Accounts Is Made Easier in the EU

  August 29, 2017     By Peeters Advocaten-Avocats
As from 18 January 2017, it is possible to proceed with preservation of bank account(s) of a debtor holding one or more bank accounts in another...

Consumer Financial Protection Bureau (“CFPB”) Continues to Focus on Informed Decisions

  August 24, 2017     By Fassonaki Law Firm, LLP
This month the Consumer Financial Protection Bureau (“CFPB”) prevailed on a motion to dismiss brought by Navient, which was founded, at least...

Student Loan Dischargability: A Debtor Attorney’s Perspective

  August 15, 2017     By Law Offices of Walter Metzen & Associates
Student loan debt in the United States is the largest class of consumer debt today behind mortgages, and is higher than both credit card debt...

My Employer is Going Bankrupt. I’m New and Haven’t Been Paid, What are My Rights?

  August 15, 2017     By HG.org
New employees facing a company going bankrupt need to understand what rights, if any, they have once the business fails. This means research,...

What Are My Rights of Having a Life Estate in Property?

  By HG.org
It is important to understand what a life estate is with property and how it affects a person. With this, the rights of an individual applied to...

Mortgage Closing Disclosure Rules

  By HG.org
Disclosure is vital in real estate, mortgages and all other manner of transactions. When the disclosures are not performed correctly, it is...

When to Call a Lawyer to Protect Your Creditor/Debtor Rights

  August 4, 2017     By JGPC Business & Corporate Law
In times past, creditors – that is, those who lent debtor’s property or services on a promise that the obligation would be paid – held...

Bankruptcy Fraud: When is it Committed?

  August 1, 2017     By HG.org
Bankruptcy fraud usually occurs when one of four types of crimes occurs. These may include someone owing money concealing his or her assets for...

Can I File for Bankruptcy to Prevent Lien in Case the Plaintiff Wins Pending Lawsuit?

  July 24, 2017     By HG.org
A bankruptcy filing has an immediate effect on pending lawsuits and existing judgments. However, filing for bankruptcy before someone obtains a...

New York Religious Corporations Law and the Mortgage of a Church

  July 24, 2017     By HG.org
Mortgages of commercial or nonresidential property may be difficult to manage with different rules and regulations. When the object is a church,...

Bankruptcy – Is It Good for You?

  July 14, 2017     By Richard Hackerman, Attorney at Law
With the last decade’s recession causing a huge spike in the number of people who fall under the qualification of bankruptcy, a lot have given...

What Does the Foreclosure Process Entail?

  July 13, 2017     By HG.org
The foreclosure process is initiated when someone that has a mortgage or other loan on a house cannot pay the amount due. After so much of this,...

Can I Get a Lien on Someone’s House Who Owes Me Money?

  By HG.org
Sometimes if a person owes, he or she may not pay this debt. His or her creditor, whether an individual or a business, may decide to look for...

Federal Law and Consumer Credit Scores

  June 27, 2017     By Sierra Litigation
With the exception of your Social Security number, no other number has more of an impact on your life than the impact made by your credit score....

Florida Criminal Defense Lawyers Tackle Bankruptcy Fraud Allegations

Bankruptcy occurs on the federal level. If someone violates the federal laws related to bankruptcy, he or she may face serious penalties. It is...

What is the Purpose of UCC Financing Statements?

  By HG.org
Uniform Commercial Code is a form of filing in regards to liens. These are connected to financial lenders who have an interest in an asset. This...

Can a U.S. Creditor Reach My Foreign Inheritance Deposited in a Foreign Bank?

  By HG.org
Keeping creditors from snatching money from just any bank account is important for many. There are many states that have authorized protections...

Expert Witness on Illegal Debt Collection Practices

  By HG.org
When someone owes money to a debtor, this account is often referred to a debt collector. Debt collectors must follow federal law and state law...

VAT and Selective Tax in Saudi Arabia

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

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

  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?

  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?

  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?

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

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

[The] collection of commercial debts in China can only be carried on by Chinese lawyers.

Can a Lawyer Help Me Defend Against Foreclosure?

  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?

  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...

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...

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....

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 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...

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...

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...

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

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...


Find a Lawyer

Find a Local Lawyer