Sovereign Immunity is No Defense to a § 544(b)(1) Claim

In United States v. Equipment Acquisition Resources, Inc. (In re Equipment Acquisition Resources, Inc.), 485 B.R. 586 (N.D. Ill. 2013), the District Court for the Northern District of Illinois affirmed a bankruptcy court’s ruling that 11 U.S.C. § 106(a)(1) eliminates the IRS’s ability to assert sovereign immunity as a defense to

Read More

Using Bankruptcy to Remove a Judgement Lien

Continuing the discussion in my previous blog titled “Stopping a Creditor Lawsuit”; a judgment lien is one of the remedies that a creditor may have against you if you let the creditor receive a default judgment against you.  Let me give you a typical example of this using my client,

Read More

Stopping a Creditor Lawsuit

Many people ignore their financial situation until it becomes dire.  Once a lawsuit is filed by a creditor for nonpayment, many people think there is nothing that can be done to help their situation.  They wait around until the creditor receives a default judgment against them and they are on

Read More