by Devin Sawdayi | Sep 20, 2013
A bankruptcy case often involves the sale of a debtor’s assets in order to pay substantial amounts of debt. This has led to some popular misconceptions that a bankruptcy case will leave a person homeless and destitute. Bankruptcy law allows debtors to claim...
by Devin Sawdayi | Sep 18, 2013
Filing for bankruptcy, particularly Chapter 7, does not mean losing everything you own. While liquidation is undoubtedly a challenging and difficult process for a debtor, state and federal law allow the exemption of some property from the bankruptcy estate, like a...
by Devin Sawdayi | Sep 10, 2013
A New York City restaurateur recently filed a personal Chapter 7 bankruptcy petition, citing overexpansion of his restaurant business in a bad economy. In re Denton, No. 13-bk-12799, vol. petition (Bankr. S.D.N.Y., Aug. 27, 2013). The petition identifies over $1...
by Devin Sawdayi | Sep 7, 2013
The Ninth Circuit Court of Appeals recently upheld a Bankruptcy Appellate Panel (BAP) ruling against a creditor who had sought to prevent the discharge of a debt in a Chapter 7 proceeding. In re Parker (“Parker 2”), No. 12-60047, memorandum (9th Cir., Jul. 15, 2013)....
by Devin Sawdayi | Sep 2, 2013
People considering bankruptcy may have concerns about how it will affect their employment. A sluggish job market has not allayed these concerns, but federal law offers protections for people who might fear adverse events at work because of their bankruptcy case. These...
by Devin Sawdayi | Aug 30, 2013
A creditor who did not challenge the dischargeability of a debt in a Chapter 7 bankruptcy case within the statutory time frame could still assert their challenge, a federal appellate court held, because the debtor did not adequately identify the debt and did not...