by CEF | Jan 11, 2017 | Chapter 11, Chapter 7, Recent Court Decisions
In a recent memorandum and decision posted on the SDNY bankruptcy court’s website (December 22, 2016) the court denied a debtor’s motion for a stay pending appeal of an order approving the sale of a million-dollar apartment. On May 22, 2012, the debtor,...
by CEF | Jan 10, 2017 | Chapter 13, Chapter 7, General
Married couples can choose to file for bankruptcy jointly or individually. Whichever option you choose depends on the amount of property you own, whether your debts are joint debts or individual, and the laws of your state. If only one spouse has debt, that spouse...
by CEF | Jan 5, 2017 | Chapter 13, Chapter 7, General
Sometimes married couples think they must file for bankruptcy together, but the bankruptcy laws do not, in fact, apply the principle “until death do you part”. Husbands and wives can file two separate bankruptcy cases under different chapters at the same...
by CEF | Jan 5, 2017 | Chapter 7, General, Recent Court Decisions
The Fourth Circuit recently decided that, under Section 707(b)(2) of the Bankruptcy Code, a debtor can take the full IRS National and Local Standard amounts for expenses even though the debtor’s actual expenses are less. Lynch v. Jackson, No. 16-1358 (4th Cir.,...
by CEF | Jan 5, 2017 | Automatic Stay, Chapter 13, Chapter 7, General
The “automatic stay” is one of the most important benefits people get from filing bankruptcy. The stay will go into effect the moment the case is filed, and it stops creditors from any collection efforts against the debtor. You get a temporary safe...
by CEF | Jan 4, 2017 | Chapter 13, Chapter 7, General, Women and Bankruptcy
The plain truth of the matter is that women are more likely to file bankruptcy than men. Why? First, women still earn less than their male counterparts at all levels. Even a small difference in income can make the difference when it comes to people on the brink of...
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