Bankruptcy:  What is a Discharge? Under the federal bankruptcy statute, a discharge is a release of the debtor from personal liability for certain specified types of debts. In other words,… Read more »

no comments

Bankruptcy: A Short History

Bankruptcy:  A Short History Bankruptcy in the United States is permitted by the United States Constitution (Article 1, Section 8, Clause 4) which authorizes Congress to enact “uniform Laws on… Read more »

no comments

Multiple Bankruptcy Filings

Multiple Bankruptcy Filings Lack of Good Faith In Filing Bankruptcies to Prevent Foreclosure of a Home Bankruptcy filings can be a useful tool in preventing foreclosures, but there are limits. … Read more »

no comments

Trustees Avoidance Powers

Bankruptcy Code: Trustees Avoidance Powers The Bankruptcy Code has what is known as the “strong arm clause.” It allows the trustee to avoid or cut off claims against the debtor’s… Read more »

no comments

Lien Avoidance in Bankruptcy As I have written previously, a trustee can avoid and recover preferences, which are defined as transfers of money or property by the debtor to or… Read more »

no comments