Have you recently litigated a civil lawsuit that reached an unsuccessful result leaving you wondering how best to proceed? You may be thinking that bankruptcy is an option that you wish to explore considering the financial burden that you may be feeling. This blog will explore the effect of a fully litigated state court judgment on a subsequent bankruptcy case.
Many people who own real property through a single member limited liability company or sole shareholder corporation tend to think of the real property being owned by them individually. However, the Bankruptcy Code has different rights for individuals who own real property than entities. This blog will explore how the Bankruptcy Code affects an entity whose sole asset is real property and things to consider if you are considering putting such an entity into a bankruptcy case.
If you own a home and you are in financial turmoil, you may be wondering what will happen to your home if you file for bankruptcy. For many, the primary concern that they have when entering the bankruptcy process is that their home is protected. This blog will explore the implications of filing for personal bankruptcy in a chapter 7 or chapter 13 on an individual’s residential real property.
As an aside, in either chapter 7 or chapter 13 a debtor would need to continue to pay their mortgage and property taxes in order to avoid an eventual foreclosure.
Bankruptcy does not always wipe the slate clean. Some type of debts do not get discharged in a bankruptcy. This blog will explore three of the most common types of claims that do not go away. A creditor cannot merely assert that the debt owed to it is non-dischargeable; rather, the creditor must commence a formal litigation to establish that a debt cannot be discharged. The creditor must be able to demonstrate that its claim falls into a specific statutory provision within 11 U.S.C. § 523. Only then will the claim be determined to be non-dischargeable. The statutory provisions are construed strictly against the creditor and in favor of debtors.
In many instances, the decision to file for bankruptcy is one of the most difficult decisions that you will ponder in your life. Once you have made the decision to file for bankruptcy, you will need to adjust your life accordingly. This blog will explore some examples of typical financial considerations that must be taken into account prior to filing for bankruptcy.
If you have recently had a judgment entered against you or if you believe that a judgment may be entered against you soon, then you may be panicking trying to figure out how to protect your assets. The thought of transferring assets out of your name to a friend or family member prior to filing for bankruptcy may enter your mind as a potential solution to your problems. However, this blog will explore the consequences of these transfers on the eve of bankruptcy and the effects they can have on the transferee (the person the property was transferred to).
One of the unsettled areas of bankruptcy law at this moment is whether a debtor has an absolute right to voluntarily dismiss a Chapter 13 bankruptcy case. Decisions are varying on this issue depending on where the cases are being heard. This blog will explore this issue and the arguments in favor of each side.
If you have a judgment that has been entered against you, then you may be feeling terrified about the next steps that a creditor may take to collect their judgment. Many questions may race through your mind as to what will happen next. This blog will explore post-judgment collection techniques used by creditors.
Including a Recent Appellate Division Case Litigated by Scura, Wigfield, Heyer, Stevens & Cammarota, LLP
The vast majority of lawsuits settle prior to trial. If every lawsuit that is filed went to trial, the court system would be hopelessly back logged. Therefore, from a public policy perspective, courts encourage settlement of litigation. Accordingly, once a settlement is entered into, the courts will strain to enforce that settlement agreement if disputes arise as to the scope and validity of the settlement.
In the aftermath of the 2008 financial crisis, many people have found themselves facing foreclosure wondering what their options are. When a secured lender files for foreclosure, the end game (unless a modification is entered into between the parties) is for the secured lender to take the property to sheriff sale. This blog will explore the impact of a sheriff sale and your options through the bankruptcy code that are at your disposal.