Are Fraud Judgments Dischargeable in Bankruptcy? Money or services that were obtained by fraud, false pretenses, or false representations may not be dischargeable. 11 USC 523(a)(2) states that a debt resulting from a judgment for false pretenses, false representations or actual fraud is not discharged in bankruptcy. Avoiding such a...
Taylor v. Deutsche Bank and Appeals of Automatic Stay Relief
Taylor v. Deutsche Bank and Appeals of Automatic Stay Relief This case involves an appeal by Mr. Kenneth S. Taylor from a decision of the lower Bankruptcy Court granted Deutsche Bank’s motion for relief from the automatic stay imposed by 11 U.S.C. 362. In granted the relief from the automatic...
FirstEnergy Solutions Corp. and the Withdraw of Adversary Proceedings in Ohio
The Withdraw of Adversary Proceedings in Ohio Under Firstenergy Solutions Corp. The matter at hand was heard by the United States District Court for the Northern District of Ohio after Bluestone Energy Sales Corp. filed a Motion to Withdrawal an Adversary Proceeding filed by FirstEnergy Solutions Corp. Request a Free...
In Re Felix and Lawsuits Before Filing Chapter 7 Bankruptcy in Ohio
Pre-Petition Lawsuits Under Chapter 7 Bankruptcy in Ohio Under In Re Felix This case was heard before the United States District Court for the Northern District of Ohio. The Judge presiding over the case was Patricia A. Gaughan. In the case, Zipkin Whiting Co., LPA (“Zipkin”) was appealing an order...
Bankruptcy Under the CARES Act
Bankruptcy Law Changes Under the CARES Act Just as so many people across the world have been negatively impacted by the Coronavirus pandemic, many people's financial lives have been thrown into complete upheaval. As part of the government's economic policy efforts to address the pandemic, the Coronavirus Aid, Relief and...
Car Loans in Bankruptcy
Car Loans in Bankruptcy Car loans are normally secured debts - if the loans are not paid back, the lender usually has the right to repossess the vehicle because the vehicle itself was pledged as collateral to secure the loan. Secured debts are handled a bit differently if you file...
The Meeting of Creditors After Filing Bankruptcy
Meeting of Creditors After Filing Bankruptcy When you file for bankruptcy, the Bankruptcy Court is going to notify all your creditors that you were required to provide on a creditor matrix. Part of this notification will include the date set by the court for the meeting of creditors. The meeting...
Chapter 7 Bankruptcy
Chapter 7 Bankruptcy Bankruptcy protection in the United States involves several “types” of bankruptcies. Each type of bankruptcy is governed by different Chapters of the Bankruptcy Code. Maybe you’ve heard of Chapter 7, Chapter 11 or Chapter 13 Bankruptcy? Those phrases are used as short form but are also technically...
What Forms Do I Need to File Chapter 7 Bankruptcy?
What Forms Do I Need to File Chapter 7 Bankruptcy? Most of the required documents to file a Chapter 7 bankruptcy are Official Forms created by the Judicial Conference of the United States and are uniformly used State to State. Bear in mind that your State or even local district...
How Long Does Chapter 7 Bankruptcy Take?
How Long Does Chapter 7 Bankruptcy Take? As bankruptcy attorneys, we know that contemplating bankruptcy usually involves a lot of stress and many people who consider filing bankruptcy just want to know how long it will take for it to be over. Many of our clients are curious about how...