Michael P. Cooley has a comprehensive practice centered on matters
of federal bankruptcy law, business reorganization and liquidation, and creditors» rights in bankruptcy cases and in out - of - court restructurings ranging in size from a few million dollars to several billion dollars.
Snyder's decision allowed Detroit Emergency Manager Kevyn Orr to make a filing under Chapter 9
of the federal bankruptcy law.
In 2008, Fir Tree joined the hedge funds that are part of the Ad Hoc Group of Puerto Rico to support the investment bank in the Lehman Brothers bankruptcy, an entity that took refuge in Chapter 11
of the Federal Bankruptcy Law, the largest bankruptcy in the history of the United States and a symbol of the global financial crisis.
Chapter 13
of the federal bankruptcy laws gives individuals the right to propose a plan to their creditors to repay their debts.
Not exact matches
Of a total federal inmate population of 156,238, prison authorities say only 1,021 fit the description — which includes everyone from insurance schemers to bankruptcy fraudsters, counterfeiters to election - law tamperers to postal thieve
Of a total
federal inmate population
of 156,238, prison authorities say only 1,021 fit the description — which includes everyone from insurance schemers to bankruptcy fraudsters, counterfeiters to election - law tamperers to postal thieve
of 156,238, prison authorities say only 1,021 fit the description — which includes everyone from insurance schemers to
bankruptcy fraudsters, counterfeiters to election -
law tamperers to postal thieves.
You will want to discuss all
of your options with your attorney or tax advisor before taking action, especially if creditor protection is a concern for you, as the Supreme Court has ruled that Inherited IRAs are not protected under
federal bankruptcy laws (although state
law creditor protection
of inherited IRAs still varies).
And beyond that, even if the group is able to negotiate deals with a majority
of the creditors, it is expected that Puerto Rico will still need to seek
federal support to give the island a way to restructure the bonds through Chapter 9
bankruptcy laws.
ALBANY, NY (12/23/2010)(readMedia)-- Governor David A. Paterson today announced he has signed into
law S.7034 - A / A.8735 - A, which will increase the amount
of exemptions in
bankruptcy proceedings and money judgments and provide a choice between State and
Federal exemptions.
He urged his colleagues in Congress to pass the Puerto Rico Chapter 9 Uniformity Act (H.R. 870) which will provide the island's government with the tools needed to restructure parts
of its debt under
federal bankruptcy law.
Federal Judge Steven W. Rhodes gave the go - ahead to Detroit's historic
bankruptcy filing, and dashed the hopes
of city employees and retirees who hoped state
law would protect their pensions.
The demand that
federal law be amended to permit Puerto Rico to file a
bankruptcy petition has a reasonable likelihood
of happening and could be beneficial.
The reason being that
federal law protects retirement accounts from creditors in the event you file for
bankruptcy (up to $ 1 million dollars in the case
of IRAs).
When you file
bankruptcy,
federal law imposes an «automatic stay» which prohibits your creditors from taking any action (including phone calls) to collect debts from you including court judgments and tax debts during the pendency
of the
bankruptcy.
It's difficult to compare debt settlement or debt consolidation vs.
bankruptcy, because many state and
federal laws that apply to
bankruptcy don't apply to the other two forms
of debt relief.
Truth:
Federal law makes it illegal for anyone to discriminate against you because
of bankruptcy.
Exemption
laws have been enacted by every state as well as the
federal government to protect the property
of debtors against the claims
of judgment creditors and, once a
bankruptcy case is filed, the trustee.
There are several sections
of federal laws that address the consequences
of transferring property prior to filing
bankruptcy.
After a precedent was set by the Supreme Court,
federal law doesn't allow student loan debt to be discharged in
bankruptcy, although other forms
of outstanding debt such as credit cards have the potential for discharge in
bankruptcy.
Individuals who face an overwhelming amount
of consumer debt may have some recourse through
bankruptcy protections made available through
federal law.
On October 17, 2005, new
federal bankruptcy law in America requires anyone whose gross income is higher than the median income for their state to file
bankruptcy under Chapter 13, instead
of under Chapter 7.
Since new
federal bankruptcy rules became
law in October, 2005, anyone who has gross income higher than the median income for their state is required to file
bankruptcy under Chapter 13, instead
of under Chapter 7.
Legislative solutions, governed by
federal law, typically come in the form
of consumer proposals, which are now more commonly used than
bankruptcy filings.
In a Chapter 7 case, the most common type
of personal
bankruptcy, the court doesn't allow an individual to keep their assets, but most exemptions allowed under state and
federal law are large enough to cover a secured debt such as a house mortgage a car loan.
Regardless
of what your state
laws deem as homesteaded property, for
federal bankruptcy purposes, a homestead is your primary residence, the place in which you and your family live.
Bankruptcy law has not allowed the discharge
of federal loans since 1978, which included student loans issued entirely by the
federal government.
Strategically, by using a combination
of Bankruptcy, State, and
Federal consumer protection
laws, Doan
Law Firm has developed and pioneered a program that allows homeowners to legally remain in their home for 8 - 18 months or even years after ending mortgage payments!
When a creditor or debt buyer persistently tries to collect on a debt that was discharged in
bankruptcy, that creditor is violating
federal law, namely section 524
of Title 11
of the United States Code.
Liquidation
bankruptcies are called «Chapter 7» and reorganization
bankruptcies are known as «Chapter 13» (because
of the section
of federal law these are found in).
The legal rights
of liens are governed primarily by state
laws, but since filing
bankruptcy is a
federal matter governed by
federal laws, a debtor wanting to file
bankruptcy should understand the significance
of a lien in relationship to the
bankruptcy process.
Bankruptcy trustees are familiar with both the
federal and provincial
laws concerning debt relief and can help you determine which
of the many available options best suits your financial situation.
Filing a consumer proposal or
bankruptcy creates an automatic «stay
of proceedings» under
federal law.
This arm
of the Canadian
federal government is responsible for licensing trustees and monitoring the administration
of bankruptcy laws.
The
Bankruptcy Code, which is codified as title 11 of the United States Code, is the uniform federal law that governs all bankrup
Bankruptcy Code, which is codified as title 11
of the United States Code, is the uniform
federal law that governs all
bankruptcybankruptcy cases.
«The argument was that there needed to be tougher
bankruptcy laws for
federal student loans in order to make sure that the money was paid back and the government's pool
of resources for those loans wasn't depleted.»
Doug Hoyes: That's always the way it works, and that's because
bankruptcy is a legal process, it's governed by Federal law and the Office of the Superintendent of Bankruptcy, which is a sub-section of Industry Canada, which is the Federal Government, they regulate everyth
bankruptcy is a legal process, it's governed by
Federal law and the Office
of the Superintendent
of Bankruptcy, which is a sub-section of Industry Canada, which is the Federal Government, they regulate everyth
Bankruptcy, which is a sub-section
of Industry Canada, which is the
Federal Government, they regulate everything we do.
A lot
of people have raised questions in the comments regarding proposed changes to
federal bankruptcy law to accommodate modifications
of mortgage loans.
If you file for personal
bankruptcy more than five years after the date
of the «end
of your education» then you are entitled to bring an application before a court seeking a «court - ordered discharge» pursuant to a «hardship provision» under
federal bankruptcy law
He has successfully litigated hundreds
of claims against credit card companies that willfully violate the
bankruptcy code as well as other state and
federal laws designed to protect consumers.
What if there was a shady side
of the
law that allowed
federal bankruptcy court trustees to hide things from you for up to a year before you found out you lost your assets to your creditors after filing for
bankruptcy protection?
In addition, this relatively limited use, current
law protects individuals, and we heard this morning about the Fair Credit Reporting Act, Title VII
of the Civil Rights Act and also the
Federal Bankruptcy Act.
Federal bankruptcy law does not allow the discharge
of student loan debt unless the debtor can show «undue hardship.»
In the event
of financial troubles,
federal law strictly limits when a
bankruptcy court may discharge student loan debt.
Federal bankruptcy law prohibits discharge
of student loan debt except in extremely limited circumstances.
Federal bankruptcy law specifically excepts student loan debt from discharge, unless a debtor can meet the difficult burden
of demonstrating «undue hardship» to themselves and their defendants.
Regardless
of whether you work for the government or a private employer,
federal law prohibits employers from firing an employee solely because they have decided to seek
bankruptcy protection.
The
Bankruptcy Abuse Prevention and Consumer Protection Act
of 2005 created
federal protection for IRA accounts that had previously been protected through many state
laws.
Federal law does not allow the discharge
of student loan debt in a
bankruptcy case, except with a showing
of «undue hardship.»
The field
of student loan
law is relatively new, with attorneys incorporating not only a knowledge
of federal regulations but also debt collection, credit reporting, and
bankruptcy issues.
The study, which ROSS commissioned, assigned a panel
of 16 experienced legal research professionals to research seven questions modeling real - world issues in
federal bankruptcy law.
In an unusual example
of judicial defiance, an on - his - way - out
bankruptcy judge is siding with an out -
of - work and deep - in - debt
law grad and issuing a rebuke to the
federal district judge who overruled him.