Options for Dealing with Credit Card Debt

By: Jamie L. Harris If you are dealing with significant credit card debt, filing a personal Chapter 7 or Chapter 13 bankruptcy may be a viable option for addressing credit cards if you are eligible for those chapters.  In a Chapter 7 bankruptcy, the debt is listed and discharged upon

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Corporate Governance 2019: Philosophy Meets Reality

By: Laura Day DelCotto I’m reading more and more about ESG – it’s sweeping into vogue in a big way.  I predict that we will continue to see more about it in 2019, including moving beyond the financial investment world.   But how, exactly, do we make decisions that integrate the

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Interest Rates and Tax Claims

By: Laura Day DelCotto I learn something new every day, so it keeps this life fun. Somehow, I don’t remember ever specifically focusing on 11 USC §511 in all these years of confirming plans.   With interest rates moving so often this year (and in the wrong direction from borrowers’ perspective),

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Chapter 11 May Help Nassar Victims

By: Laura Day DelCotto   The WSJ headline about the recent USA Gymnastics’ filing is spot on. At first blush, when anyone with multiple lawsuits files bankruptcy, there seems to be a rush to judgment that the debtor is seeking to evade and avoid litigants.   The filing is viewed with

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HALLOWEEN 2018: A Word on Zombies, The Walking Dead and Death Spirals

By: Laura Day DelCotto Stanley Druckenmiller has been widely quoted recently for his predictions at the NYC Grant’s Investment Conference of looming insolvencies and bankruptcies to be filed by any number of zombie companies: “Seriously, does anyone know why Sears is still in business?”   He is right, the zombies have

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Chapter 11 Bankruptcy: An Option for Individuals

By: Laura Day DelCotto The vast majority of Chapter 11 bankruptcy filings are by businesses:  LLCs, closely held corporations, and large public company filings.  We read about them almost daily in the news.  This is how we have come to mostly think about Chapter 11 in the US: a large

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Divorce and Bankruptcy Planning

By: Jamie L. Harris For many couples facing a potential divorce, dealing with marital debt and property settlement arrangements can be overwhelming.  Financial issues frequently cause divorce. Rather than assigning liability to your various marital debts, it may be simpler to file a joint petition for bankruptcy relief.  Debt that

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Sixth Circuit BAP on Chapter 12

By: Dean Langdon Farming is tough, and family farmers are dealing with several years of low prices and weather-related issues. As we head into planting season, family farmers should be aware that Chapter 12 may help them reorganize and have a brighter future. On March 13th, the Bankruptcy Appellate Panel

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Secret Court Filings? Not So Much…

By: Laura Day DelCotto The litigation process is a “public” procedure, all set forth in an official court record which can be accessed by the public. Sometimes, one (or both) of the parties want to file papers, but keep them confidential and not open to public view.  Maybe there are

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Second Municipal Bankruptcy of 2018: How Many More to Come

By: Laura Day DelCotto Chapter 9 municipal bankruptcies remain rare in comparison to all other types of bankruptcy filings. There are still less than 500 total cases nationwide since the 1930s when chapter 9 was enacted. While public finance and the municipal bond market seem to remain stable, it’s interesting

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