Chapter 11: It’s for Individuals Too

While Chapter 11 bankruptcy is frequently thought of as providing relief for corporations, it also provides an mechanism for individual consumers to restructure. The Supreme Court resolved the issue of eligibility for individuals to file for Chapter 11 relief when it issued its ruling in Toibb v. Radliff holding that

Read More

Recent Survey on “Lending Climate in America”

It doesn’t really take a report for us to know what we are seeing every day, but the Q2/13 Survey Report recently published by Phoenix Management Services confirmed a “waning” optimism from that expressed by commercial lenders in 2012 and the first quarter of 2013.   Commercial lending expectations decreased, with

Read More

Student Loan Market Exit

JP Morgan Chase recently announced that effective October 12, 2013, it will no longer make student loans.  Wells Fargo is now the ONLY major US commercial bank still making student loans.  Chase is the latest bank running for the exit doors.  Moody’s reports that during the 2011-2012 academic year, private

Read More

Student Loan Discharge: Still an Uphill Battle?

Discharging student loans in bankruptcy has always been quite difficult under the standards that the debtor is required to prove a somewhat cost-prohibitive piece of litigation if the student lender is going to fight.  Further, each case is quite fact-specific, so your facts may be slightly different from the next

Read More

Are you the Beneficiary of an IRA?

As the baby boomers age and pass on, an interesting issue has arisen in some bankruptcy cases:  can you claim an exemption in an IRA or other protected retirement account which you inherit?  Bankruptcy laws allow you to exempt an IRA in your name up to $1.25 million dollars.  This

Read More

Number 3 Pet Peeve – Deposition of a Client

I’m blogging my list of deposition “pet peeves” in a series of releases.  They are not necessarily in order of importance, but rest assured, all are great learning points for a client/witness.  Many of the cases that I litigate are matters in which thousands of pages of documents are produced

Read More