What Do Judges Want?

I recently listened to a panel of bankruptcy judges from across the country give their “pet peeves” at an event held for Fellows in the American College of Bankruptcy.  The College is an honorary association of bankruptcy and insolvency professionals, invited to join based on exhibiting the highest standards of

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The Pitfalls of Asset Disclosure In Bankruptcy Filing

Everyone who files a bankruptcy petition signs their bankruptcy schedules under penalty of perjury. Failure to list assets or accurately disclose your financial condition can lead to a denial of a bankruptcy discharge or allegations of bankruptcy fraud. Here are a few tips to consider when filing bankruptcy: List ALL

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Consolidated Pilot/Flying J Litigation Heading to Kentucky

On April 7, 2014, the U.S. Judicial Panel on Multidistrict Litigation consolidated seven separate lawsuits (pending in six different jurisdictions) against, among others, Pilot Corp. (Pilot) and Pilot Travel Centers LLC d/b/a Pilot Flying J (Flying J). The Panel transferred the consolidation “multidistrict” litigation to U.S. District Judge Amul R.

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Using Bankruptcy To Remove A Second Mortgage

Bankruptcy offers many powerful tools available to consumer debtors.  One such tool is the ability to get rid of a second mortgage.  The general rule in bankruptcy is that you cannot get rid of a mortgage that is tied to your home.  And there is nothing you can do about

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What About Tax Liens?

Filing Chapter 7 bankruptcy may wipe out certain tax liabilities (not all of them) but even so, tax liens that were already filed continue to survive the bankruptcy discharge.  The tax lien continues to attach to all the assets that you owned at the time you filed.  It does not

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SCOTUS Speaks.

As usual, when the Supreme Court rules on a bankruptcy matter, there are always nuggets of insight that goes beyond the exact issue being decided. In Law v Siegel, decided on March 4, 2014, the Court issued a unanimous decision, which in and of itself has become something of an

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Options for Dealing with Your Company’s Tax Debt

With the current state of the economy, many business owners are facing declining revenues and as a result are falling behind on withholding and other tax payments.  If your business is dealing with tax debt, it is important to be proactive.  Taxing authorities can file liens and levy bank accounts

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When Do I Call a Bankruptcy Lawyer?

Labeling a lawyer a “bankruptcy lawyer” is a misnomer. The fears generated by the misperceptions lead to a strong feeling of not wanting to contact a “bankruptcy lawyer” for help and advice, ever.   Even the thought of consulting with a bankruptcy lawyer feels like admitting failure and defeat, when so many of

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Your Business is My Business

Many lawyers at “big law” have no clue about actually running a business on a day to day level. They are “professionals” and certain dirty work is beneath them. They can send 5 or 6 lawyers to cover a hearing, and edit a brief to perfection, but they sometimes don’t

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Rejection of Collective Bargaining Agreements

11 U.S.C. §§ 1113(b) and (c) of the Bankruptcy Code set forth the requirements for the rejection of a collective bargaining agreement.  11 U.S.C. §§ 1113(b) and (c) state as follows: (b)(1)  Subsequent to filing a petition and prior to filing an application seeking rejection of a collective bargaining agreement,

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