Bankruptcy Law Articles

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

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.
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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...

Company Sale: Limited Opportunities, Unlimited Liability - Hungary

With the amendment of the Bankruptcy Act of Hungary, from 1 March 2012 the legislator has significantly expanded the scope of such circumstances...

Student Loans and Bankruptcy: Can College Loans Be Discharged?

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...

Debt Collection in Albania

In contrast to other countries, debt collection is mainly performed by lawyers and not by collection agencies in Albania. Consequently, lawyers...

Bankruptcy vs. Loss Mitigation

There are differences between bankruptcy and loss mitigation when it comes to solving your mortgage problems. A Broward County foreclosure...

Common Bankruptcy Myths Finally Debunked

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...

Bankruptcy a Viable Option to Pay your Debts

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...

Debt Harassment and the Florida Consumer Collections Practices Act

Florida Statutes (2011) §§559.55-559.785, also known as the Florida Consumer Collections Practices Act, is designed to help protect consumers...

Debt Recovery and Litigation in Greece

Successful debt recovery in Greece is dependent on many factors; a creditor must choose carefully which law firm will handle his debt collection...

Can Members of the Military File for Bankruptcy?

Can Members of the Military File for Bankruptcy? In short, YES! Individuals in the military are afforded the same rights as the rest of us...

How Bankruptcy Can Help Foreclosure

Facing foreclosure is never easy, but there may be alternatives. If your lender is not willing to negotiate short sales or a loan modification,...

The Purpose of the Automatic Stay in Bankruptcy

Debtors often to not fully understand the rights granted to them by the bankruptcy code upon filing a bankruptcy petition with the court. One of...

The Rich and Well to do and Filing Bankruptcy

Celebrities and Bankruptcy. How Rich People File for Bankruptcy too. Do famous and rich people ever file Bankruptcy? YES! Famous People Who Have...

Divorce and Bankruptcy

Unfortunately, one of the leading causes of personal bankruptcy is divorce. This reflects the ugly reality that, after a separation, income...

The Sanctions of Bad Check under the Light of Regulations Brought by the Turkish Law Numbered 6273

“The Act to Amend of Check Law” numbered 6273, accepted on the date of 31.01.2012 by the Grand National Assembly of Turkey has been entered into...

What is a "Joint Petition" in Bankruptcy?

What is meant by a joint petition when dealing with a bankruptcy? Description of filing a joint bankruptcy and advice on when to use a joint...

Are You a Candidate for an Individual Chapter 11 Bankruptcy?

Chapter 11 bankruptcy is not just for large corporations; individuals can also file Chapter 11 to achieve freedom from overwhelming debt. If an...

Avoiding Debt Settlement Scams with a Bankruptcy Attorney Seattle

If you are drowning in debt, often the best and only real solution to your problem is to file bankruptcy with the help of a bankruptcy attorney...

Prince Files For Chapter 11 Bankruptcy

The once popular tennis company, Prince, known for its success manufacturing oversized tennis rackets – and originally, tennis ball serving...

Bankruptcy Information: Understanding Your Chapter 7 Rights and Responsibilities

When you file Chapter 7, rights to some assets must be protected or you could risk losing them during discharge. A Texas bankruptcy lawyer can...

Understanding the Fair Debt Collection Practices Act

Often referred to as the FDCPA, the Fair Debt Collection Practices Act was created and then passed by Congress to protect consumers and debtors...

What is Chapter 20 Bankruptcy?

Chapter 20 bankruptcy involves the discharge of personal liability as part of a chapter 7 case as well as the removal of a mortgage lien as part...

When Domestic Violence is a Factor in Your Child Custody Case

A child custody case in Texas may be affected negatively if domestic violence is involved. If you are pursuing a child custody case in Texas,...

Statutory Interest Rates Overdue Payments – Bulgaria

Statutory interest is due when the debtor is in default. Bulgarian law determines when the debtor has fallen into default. It is different for...

Limitations on Credit Checks for Employment Purposes

We are often requested by companies to conduct pre-employment background investigations. These investigations typically fall within the confines...

Homeowner's Do Not Always Have to Tender (Pay Mortgage) Before Suing the Bank!

Wrongful Foreclosure; Wrongful HAMP Denial: No tender is required to enjoin a foreclosure sale prior to the sale, in the event of [the bank’s]...

Bankruptcy Timeline: What to Expect After Declaring Bankruptcy

Before making the decision to declare yourself bankrupt, it will be very beneficial to understand the sequence of events that will come after...

Fair Debt Collection Practices Act: A Stand Against Harassment

Debt collectors employ any means available when they are looking to recover debts. They can cross the lines in how they deal with consumers and...

Chapter 7 vs. Chapter 13: Important Information You Need to Know

Few people are unfamiliar with the bankruptcy terms referred to as Chapter 7 and Chapter 13. However, far more are less familiar with what the...

Foreclosure Defense Basics

This article details the basics of representing the homeowner facing a Maryland foreclosure. With the continued economic crisis, it is important...

Consumer Protection Basics (Maryland): Advising the Client at the Initial Consultation

This article outlines the basics of Maryland consumer protection law. The reader will understand how to effectively advise the client at the...

Can Parties Stipulate "if Debtor Fails to Pay Loan He Has to Pay Doble?" - Ethiopia

In a contract of loan the parties can agree to the terms of loan. But can parties stipulate provisions stating if the debtor fails to pay the...

Legal Recourse Against Credit Reporting Errors

By law, credit reporting agencies are expected to keep information on your credit report accurate. When you have followed every avenue to...

What is Chapter 7 Bankruptcy?

To be eligible for Chapter 7, the debtor must be a person, corporation, partnership, or other business entity. It does not matter how solvent...

Understanding How to Keep Your Car during Bankruptcy

In general, if a car loan is not paid, the creditor who financed the loan stands to lose money. Consequently, in order to reduce losses on...

Facing Bankruptcy? Know Your Alternatives

There are many ways to escape debt and not all of these include the fate of declaring oneself bankrupt. In fact, many alternatives to bankruptcy...

How to Register an English Judgment for Enforcement in Scotland

English solicitors are used to being instructed to raise proceedings against opponents who are based in Scotland, very often by clients who...

Documentary Credit in International Trade

Documentary credits law depends on the principle of autonomy or independence of the credit and the doctrine of strict compliance. The principle...

The Benefits of Chapter 7 Bankruptcy

Reasons for why it is good to file chapter 7 bankruptcy. Today I got a call from a potential client that wants to file chapter 7 bankruptcy. She...

Public Prosecutor and Bank of Indonesia as Bankruptcy Applicant

  By Leks&Co
Background - There are various subject of Applicant in Bankruptcy based on Law Number 37 of 2004 on Bankruptcy and Moratorium Obligation the...

Protect Yourself against Unscrupulous Debt Collectors

You may want to talk with the debt collector once to be sure the debt involved is yours or to discuss a way to resolve it, but you can refuse...

The New Check Regime of Turkey

The Turkish Parliament has recently adopted a legislation that brings down penalties on bounced checks. Accordingly, contrary to the former...

Facing Foreclosure? Answers to the Top 7 Legal and Tax Questions: How to Avoid and What to Do

This is a collaboration between me, Adam Schachter, a bankruptcy attorney in Houston Texas, and Michael Plaks, a specialist in IRS Audits in...

Think Again Before You Buy a Foreclosed Home

Foreclosed homes are tempting offers for those looking to become homeowners, but people should be cautious before purchasing a home that has...

Seven Solutions to Overwhelming Tax Debt

If you owe a substantial debt to federal, state or local taxing authorities you have options. Finding the right lawyer who will advise you in...

Cyprus: Appointment of an Equitable Receiver in Aid of Execution of a Foreign Judgment

In the context of an application to register and enforce a Russian judgment, pursuant to the terms of the bilateral treaty between Cyprus and...

The Looming Economic Collapse and Bankruptcy

It is no secret that the United States faces an ultimate challenge to revamp its economy and pay off its debts. Some “Dooms Day” advocates are...

Stopping a Tax Offset for a Defaulted Federal Student Loan

  By HG.org
The news has reported widely on the recent increases in the numbers of people defaulting on student loans. Caused by the “Great Recession” of...

Execution of the Mortgage - Indonesia

  By Leks&Co
Background - Mortgage regulated under the Law No. 4 of 1996 on Mortgage (“Mortgage Law”). Under the Mortgage Law, it is regulated that guarantee...

Top Five Don'ts Before Filing Bankruptcy

Many people start financial planning when the decision is made to file bankruptcy. Financial planning is good, but doing it yourself can be...

Distressed Homeowner Fraud Scheme Uncovered

There is an old saying, "A drowning man will grab even the edge of a sword." For a homeowner drowning in debt, any assistance may seem...

Country’s Indebtedness as Threat in Doing Business? The Case of DR. Congo and China vs. Vulture Funds

It is normal to think that the indebtedness of Democratic Republic of Congo [DRC] and potential threats such Vulture Fund activity increase the...

Saving a Credit Card for a Rainy Day?

As a bankruptcy debtor you are required to name all creditors and the amount owed as of the day your bankruptcy case is filed. These creditors...

Lifting the Automatic Stay

The bankruptcy automatic stay is an enormously broad and powerful piece of legal protection. The stay is a temporary injunction that prohibits...

The Importance of Listing Creditors in a Bankruptcy Filing

Almost every client asks: what happens if I leave off a creditor? Our advice is don't take the risk. This article outlines the consequences.

Debt Recovery in Turkey

This article aims to explain the procedures regarding debt collection. There are two separate procedures in Turkey in order to follow your debt....

Lien Stripping and Cram-Down in Chapter 13 Bankruptcy

In a Chapter 13 bankruptcy, secured debts, like a home mortgage or car loan, are sometimes modified through the Chapter 13 repayment plan,...

Bankruptcy Lawyers that Promise Results? Buyer Beware

Lawyers, like doctors, can rarely if ever promise results. And if they do you'd better be concerned.

Three Bad Bankruptcy Mistakes Before Filing Bankruptcy

The bankruptcy laws are confusing and complicated. Fortunately Congress and the US Supreme Court have given us a guidepost by stating that the...

Restructuring and Insolvency in Greece - Q & A Guide

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

Waivers of Your Bankruptcy Rights are Unenforceable

It is no secret that creditors want to be paid. Perhaps in a perfect world every debt would be paid in full and on time. Unfortunately, life...

Bankruptcy Petition Preparers Can Cause Big Trouble

Some unscrupulous non-attorneys take advantage of the poorest and most vulnerable by offering bankruptcy petition preparation services at a...

IRS Tax Lawyers Solve Your Tax Problems

Many people from all walks of life can end up with unwanted attention from the Internal Revenue Service. From the average Joe to self employed...

Will Filing Bankruptcy Cause You to Be Evicted?

Can you get evicted for declaring bankruptcy? This is a tricky question and depends on the individual facts of your case.

Differences Between Debt Renegotiation and Bankruptcy Filing

Many consumers get confused by their options pertaining to debt renegotiation and bankruptcy filing. Before signing up for any service, it is...

Execution of Foreign Judgments under Ethiopia Law

Have you wondered how the Ethiopian law addresses the issue of execution of foreign judgments? Below you will find brief note on how foreign...

Is a Mistake Strong Enough to Cancel a Contract According to Ethiopian Law?

If you want to know if a mistake in a contract can be strong enough to cancel it according to Ethiopian law you might want to read this.

Alabama County Files Largest Chapter 9 Bankruptcy in History

Recently the commissioners of Jefferson County, Alabama, voted to file the largest Chapter 9 bankruptcy in history. The New York Times reports...

How EBay Can Help Your Bankruptcy

EBay is an online auction website where people and businesses buy and sell goods. You probably already know that. What you may not know is how...

Foreclosure Evictions / Unlawful Detainers

This article gives you a short outline on how to evict an occupant from a property that you just bought in foreclosure. Usually the properties...

Getting Started on a Commercial Eviction: the 3-Day Notice

This article gives a brief summary of the 3-day notice, which is how you start an eviction (an unlawful detainer lawsuit). Once the tenant...

What Happens to a Discharged Debt in Bankruptcy?

Bankruptcy attorneys are good at hyping the bankruptcy discharge. Terms like “Erase Your Debts!” and “Start Fresh!” abound in consumer...

White House Offers New Relief to Student Loan Borrowers

President Obama has announced a plan that seeks to lessen the burden of paying back student loans. The plan calls for lowering the maximum...

Life after Bankruptcy in Nebraska: Your Post-Bankruptcy To-Do List

Filing for bankruptcy in Nebraska is a means to give yourself enough financial breathing room to get your fiscal life in order. Becoming...

Can My Creditors Sue a Co-Signer?

In some cases, in order to have a loan approved, you will need a co-signer. This is a person who will agree to be responsible for your debt if...

Making Monthly Payments During Bankruptcy

Automatic payments are a convenient way to pay your bills. An automatic payment is an arrangement for a specific amount of money to go from your...

What Happens to my Personal Injury Case if I File Bankruptcy?

Personal Injury cases are affected by a bankruptcy filing. Timing, the value of the injury claim and whether a lawsuit is filed are all factors.

Debt Secured by Mortgage - Indonesia

  By Leks&Co
Background Referring to Law Number 4 of 1996 on Mortgage of Land along with Properties Related to the Land (“Law 4/96”), particularly Article...

Possible Reprieve for Ponzi Scheme Innocent Net Winners

The Ninth Circuit Rules that 523(a)(19) of the Bankruptcy Code does not apply to innocent wrongdoers who are the recipients of ill-gotten gains...

Selling of Structured Products Now More Restricted in Hong Kong

The bankruptcy of Lehman Brothers saw thousands of retail investors in Hong Kong with their savings evaporated and subsequent questions raised...

Chapter 7 Bankruptcy

Chapter 7 bankruptcy is also known as a “straight bankruptcy.” This bankruptcy is the shortest and the simplest of all bankruptcies and it can...

Florida LLCs and Olmstead: Your Momma Wears Army Boots to Church

A judgment creditor cannot dismantle your multi-member LLC or show up one morning claiming to now own it.

The Differences between Chapter 7 and Chapter 13 Bankruptcies

Chapter 7 and Chapter 13 bankruptcy each serve their own purpose. Understanding the differences between the two types of bankruptcy can help you...

Granting and Registration of Mortgage of Land - Indonesia

  By Leks&Co
Mortgage (hak tanggungan) of land is a security right over right(s) of land, along with or without other properties that constitute a unity with...

The Legal Meaning of Mortgage - Indonesia

  By Leks&Co
To maintain the sustainability of the national economic development, it needs large amount of funds. The more increase of development...

Cooperative Short Sale: A New Solution for Homeowners in Distress

After three years with no meaningful assistance from the banks or the government, U.S. homeowners may at long last have a workable solution to...

Security Instruments in Ukraine

  By Integrites
The year of 2010 was marked by a number of loans, both foreign and domestic, raised by Ukrainian companies or their foreign affiliates or parent...

California SB 458 Provides Much Needed Protection from HELOCs after Short Sales, But is it Enough?

CA SB 458 is aimed at protecting homeowners from deficiency lawsuits brought by their second mortgage lenders after a short sale. This article...

SBA 504 Loans

The benefit of SBA 504 Loans for Growing Businesses.

Debt Settlers Beware

If you decide to debt settle rather than file bankruptcy, you need to be aware of a loophole in the law.

Collection of Debts: the Secret of Success - Belarus

There are various methods for debts recovery of legal, economic and non-legal (psychological and physical impact) natures. This article covers...

To Solve Problems with Debtors in the Court Becomes More Difficult in Belarus

The Law of Republic of Belarus of January 10, 2011 No. 241-З “On Introduction of Amendments and Supplements to Certain Codes on the Issues...

Late Payments in Commercial Transactions - EU

During the ongoing crisis, the private and public sectors are under attack, often unable to react to the destructive power of evolution. Trade...


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