Alternatives to Foreclosure

by Jamie L. Harris If you are facing a foreclosure suit and are concerned about getting the most value for your home to reduce any potential deficiency claim, there are a number of alternatives to foreclosure:  Private Sale.  If you can find a buyer for your home prior to the

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Prepackaged Chapter 11 Bankruptcy Plans

by Jamie L. Harris In addition to an out-of –court restructuring where a debtor restructures its debt outside of a bankruptcy proceeding, there are different routes to accomplish a restructuring through a Chapter 11 bankruptcy.  A typical Chapter 11 bankruptcy case begins with the debtor filing a bankruptcy petition, certain

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Assessing the Fiscal Health of Rural Hospitals

The Auditor of Public Accounts has released information on a plan to conduct a series of 10 public hearings to assess the financial health of rural hospitals. The full press release is below. This is an urgent issue for Kentuckians who may begin to see their access to rural hospitals

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What is Bankruptcy?

WHAT IS BANKRUPTCY? The filing of a petition for relief under the Bankruptcy Code commences a legal proceeding, referred to as a bankruptcy case. Any disputes in your case will be heard by a bankruptcy judge in federal bankruptcy court. Bankruptcy provides debt-strapped individuals with a fresh start. The filing

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3 Things You Need to Know About Chapter 12 Plans

3 KEYS THINGS TO KNOW ABOUT CHAPTER 12 BANKRUPTCY PLANS by Jamie L. Harris Chapter 12 bankruptcy which is a type of bankruptcy designed for family farmers and family fishermen permits the filing of a reorganization plan. Here are a few key things to know about Chapter 12 plans: 1.

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Student Loans and Bankruptcy: Brunner Test Alive and Well

Recent 6th Circuit BAP Decision Shows the Brunner Test is Alive and Well On August 8, 2014, the 6th Circuit BAP reaffirmed a decision denying a student loan discharge for a 54 year-old-woman. The In re Trudel (citation unavailable) decision shows us that despite other districts turning away from the

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Alimony, Maintenance or Support, Oh My!

If a soon-to-be debtor is divorced or is going through a divorce, one of the things that a bankruptcy practitioner must look at is the property settlement agreement, the notice of division or property, whatever you want to call it.  The bankruptcy attorney better know what is in that document

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Chapter 7: Creditor Tips

When a debtor files for bankruptcy, it is extremely important for creditors to understand their rights and the effect of a bankruptcy filing.  If you are a creditor in a current Chapter 7 bankruptcy case, here are a few key tips: 1)      Abide by the Automatic Stay.   Once a debtor

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creditors, tips, bankruptcy

4 Creditor Tips for Chapter 7 Bankruptcy

When a debtor files for bankruptcy, it is extremely important for creditors to understand their rights and the effect of a bankruptcy filing.  If you are a creditor in a current Chapter 7 bankruptcy case, here are a few key tips: 1)      Abide by the Automatic Stay.   Once a debtor

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Non-Dischargeability Issues on Assigned Debt

In a case issued on June 10, the Sixth Circuit Court of Appeals in In Re Pavdvierz discussed at some length concerns that arise when the creditor pursuing a nondischargeability  action is an “assignee” from the original creditor.  Sixth Circuit cases are binding on our local bankruptcy judges.  In Pavdvierz, the Court found

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