Bankruptcy Law Articles

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

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,...
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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?

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.

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...

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...

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...

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...

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...

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...

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

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...

How to Calculate the Chapter 13 Bankruptcy Plan Payment

  By HG.org
A debtor proposes a repayment plan that will allow them to repay a portion of their debt. A Chapter 13 bankruptcy plan determines the amount...

Six Financial Dos and Don’ts When It Comes to Divorce

Nobody said the divorce process was easy—but know life after divorce is possible. During a divorce, you’ll be faced with several important...

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

The Cayman Islands (“Cayman”) continue to be the leading offshore jurisdiction for the establishment of both hedge funds and private equity...

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

The Albanian parliament has passed on 24.04.2014 the law no. 48/2014 “On Late Payments for Contractual and Commercial Obligations”, which is...

Divorce and Credit Card Debt – Known and Unknown

More and more couples are racking up excessive amounts of debt. To make matters worse, some debt, especially credit card debt, is hidden from...

Handling Credit Card Debt

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...

Bankruptcy vs Other Options

When you think about filing bankruptcy you really want to understand all your options. This is the quick overview of bankruptcy vs other other...

Company Formation in Albania - Business Licensing

Foreign nationals are entitled to take up economic activities in Albania as self-employed persons, and to set up undertakings, in particular...

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

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...

The “Pro Se” Bankruptcy Filing Problem in Detroit

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...

Dealing with Harassment from Debt Collectors

The Texas Debt Collection Act and the Federal Fair Debt Collection Practices Act prohibit debt collectors from taking certain actions when...

Weigh the Benefits and Drawbacks Prior to Proclaiming Bankruptcy

Bankruptcy takes place when a procedure is started where a debtor obtains court bought relief from needing to settle his/her debts.

Murrieta Bankruptcy Law: The Chapter 7 Bankruptcy Timeline

Bankruptcy is when you lawfully proclaim that you can no longer repay your debts. Individuals have the option of either proclaiming chapter 7 or...

Bankruptcy with a Little Pride

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...

A Cabin and a Sash for Molly

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...

There Are Bankruptcy Laws That Can Shield United States Citizens

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...

Considerations to Filing Bankruptcy

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...

Personal Bankruptcy And Harassing Creditors

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...

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

If your Polish debtor went bankrupted you must submit your claim before a Polish insolvency court within the period prescribed in the bankruptcy...

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

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...

Liquidation Process in Albania

The procedure for the liquidation of an Albanian Company is described and specified in Albanian commerce law. The law provides the standard...

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

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?

  By HG.org
Nearly every year, the rules of procedure for various types of courts change. Bankruptcy courts are no exception. Bankruptcy courts are governed...

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

  By HG.org
Anyone who has ever fallen behind on their bills knows just how troubling that experience can be. Harassing phone calls, letters, and emails are...

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

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

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...

BANKRUPTCY: Chapter 7 - Lien Stripping of Second Mortgage

Bankruptcy debtors in Georgia are frequently faced with the difficult decision of what to do about the debt on their residence. Discharge and...

How to Avoid Predatory Lending

Predatory lending encompasses a wide range of deceptive and unfair practices. Learn how you can avoid the lending scams that will put your home...

Chapter 13 Bankruptcy Provides Options for Individuals with Ongoing Medical Problems

Medical debt is a leading reason for filing bankruptcy. Most debtors assume that chapter 7 bankruptcy provides the best solution to deal with...

Debt Collection in Italy - Judicial Phases

Nowadays, always more and more companies cannot avoid facing the threat of unpaid invoices which obliges them to spend time and energy in long...

Stuck With Unaffordable Student Loans, Now What?

  By HG.org
Every year, millions of students are convinced to take on student loans with promises of huge salaries upon graduation, but often the reality is...

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

  By HG.org
The recent economic downturn put many in a difficult financial position, unable to repay all of their obligations. This has been true for not...

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

  By HG.org
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...

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

  By HG.org
A bankruptcy judge in New York has endorsed a plan to merge American Airlines and US Airways. That approval, however, is contingent upon the...

Effects of Bad Credit and Legal Considerations

  By HG.org
Negative credit can have many far reaching consequences. Although you may not realize it, the health of your credit history will determine...

Collection Assignments and Authorization to Collect – Germany

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

  By HG.org
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...

Debt Recovery in 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...

Common Questions About Bankruptcy

  By HG.org
Bankruptcy is a legal proceeding that helps some people who cannot pay their bills get a fresh financial start by temporarily, or permanently,...

What Kinds of Debts are Discharged in Bankruptcy?

  By HG.org
When we talk about discharging debts in bankruptcy, we are usually referring to a Chapter 7 bankruptcy. Typically, a Chapter 13 bankruptcy...

The Process for Filing an Arizona Bankruptcy

  By HG.org
Bankruptcy can be a complicated process with many technical requirements and provisions. Understanding the basic steps for a bankruptcy in...

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

  By HG.org
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?...

Top Mistakes Made in Foreclosures

  By HG.org
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...

Short Sales Increase

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...

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

The German Federal Fiscal Court, Bundesfinanzhof (BFH), has changed its opinion on allowing set-off payments in bankruptcy proceedings in its...

Taking the Mystery out of Bankruptcy Auctions

Chapter 7 bankruptcy, also known as "debt liquidation," allows people to wipe out most kinds of debt and achieve a financial fresh start.

Guide to Restructuring & Insolvency - Greek Chapter

Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Restructuring &...

What Comes First: Bankruptcy or Divorce?

It’s a reality that bankruptcy and divorce often coincide, but the question is, which should come first, bankruptcy or divorce? The answer to...

Debt Recovery in Turkey

This article is an overview of Debt Recovery Procedure in Turkey

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

The foreclosure law provides creditors a lot of ways to enforce their claims against the debtor. Garnishment (the seizure of assets) is one of...

Debt Collection in Thailand

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...

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

For many people in Arizona considering to surrender their house in a foreclosure. There are some things to consider. Your credit score will...

Wage Garnishments and How to Deal With Them

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....

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

Learn how a federal agency, made to protect homeowners, has now turned on them.

Cosigner Liability in Chapter 7 Bankruptcy

Chapter 7 bankruptcy does not erase cosigner liability. Cosigners may still have to pay your debt. Chapter 7 bankruptcy attorneys near Plano,...

Product Liability Cases of Interest from 2011 and 2012

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...

Manage Your Accounts Receivable In Germany

Default customers are quite often a factor behind company insolvency, according to statistics. Even for successful companies, bad payment...

The Consequences of Forgetting a Creditor

During the bankruptcy process a debtor has to list all of his creditors on his bankruptcy petition. Sometime during this process the debtor...

Collecting Accounts Receivable and Business Debts

Introduction - The Legal Aspects of Credit and Collections - To succeed, businesses must be paid promptly and in full. With the help of their...

Judicial Foreclosure Creates Conflict for Redemption Rights and Fair Market Valuation

Arizona borrowers have two foreclosure options: non-disclosure (aka trustee sale) and judicial foreclosures. Arizona borrowers are not...

Bankruptcy Crimes

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...


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