Legal Articles, Reorganization

Hertz Rental Cars are facing filing bankruptcy. They are likely to file Chapter 11 bankruptcy which would allow them to continue to operate while reorganizing their debt. They could also file Chapter 7 bankruptcy in which case the company's assets would be liquidated and that could quite possibly put an end to Hertz and their #1 Car Rental slogan. It shall be interesting to see how this unfolds.

Record Unemployment Rates could be a clear indicator of the dark financial days looming. 6.6. Million people filed for unemployment for the week ending 3/28/2020. These high numbers may lead to an influx of bankruptcy filings in the near future.

In response to a $140 million judgment Hulk Hogan, known legally as Terrence Bollea, obtained against, inter alia, Gawker Media, LLC (“Gawker”) and its founder and erstwhile CEO Nicholas G.A. Denton in connection with Mr. Bollea’s allegations that Gawker damaged him by publicizing a video depicting Mr. Bollea and the wife of his friend engaged in sexual intercourse, Mr. Denton filed a chapter 11 bankruptcy case seeking to discharge his personal obligations arising from the judgment and other debts. See In re Nicholas G.A. Denton, Case No. 16-12239 (Bankr. S.D.N.Y.).

Bankruptcy courts are special courts. They are neither Article III courts (Northern Pipeline Constr. Co. v. Marathon Pipe Line Co., 458 U.S. 50 (1982)) nor their adjuncts (Stern v. Marshall, 564 U.S. 462 (2011)), but nonetheless have inherent powers (Law v. Siegel, 134 S. Ct. 1188, 1194, 571 U.S. __ (2014)) and—pursuant to 11 U.S.C. § 105—certain equitable powers. This means that they have broad powers to order equitable remedies—such as specific performance—where no adequate remedy at law exists, to the extent not inconsistent with any other provisions of the Bankruptcy Code. See Law v. Siegel, 134 S. Ct. at 1194, 571 U.S. at __. This is the backdrop against which inequitable conduct by a creditor may lead to subordination of its claim in a bankruptcy proceeding under established, codified, equitable principles. Subordination means that a claim, by judicial decree, is lowered, in whole or part, in priority relative to its ordinary position in respect of one or more other claims.

Student loans are difficult but not impossible to discharge in bankruptcy. While courts are reluctant to discharge student debt a student burdened by his student loan has options. For more information on this subject contact the law office of Mitchell Reed Sussman & Associates at 800 - 233 - 8521

It is a common misconception that student loans can not be wiped out or eliminate. The truth is there are many ways to resolve student debt. This article discusses one of them. For more information on this subject contact the law offices of Mitchell Reed Sussman & Assoc. 800 - 233 - 8521

Beginning January 1, 2019, additional protections were added under the Homeowner Bill of Rights, giving borrowers and homeowners added rights and protections to allow additional workout options to save their homes from foreclosure.

A number of states may limit whether a homestead remains exempt if the debtor has it for sale when the case is filed, or puts it up for sale between the filing and the date the case is completed, or, in some cases, if it is sold within a year after filing. If the home is sold during a case, it is often critical to put all funds in a segregated bank account where they are never mixed with any other funds, not to use any of the funds for anything other than purchase of a new homestead in the same state, and to use the funds within a reasonable time (which may be one year or less) to purchase a new home.

The 2005 Bankruptcy Abuse and Consumer Protection Act added a new budget test, called the means test, to determine whether debtors can file chapter 7, and if they file chapter 13, how much needs to be paid to unsecured creditors. One ancillary issue arising from this test is whether interest needs to be paid to unsecured creditors when debtors are paying unsecured creditors in full during the plan but not paying the full amount shown as available in the means test. Courts give conflicting answers on this. One recent decision ruled no interest is required.

Law Office Of James C. Hord Charlotte, NC Why do people file for bankruptcy? This is a question that I am asked by my friends from time to time. After all, shouldn't people pay their debts and not cause harm to their creditors? In an ideal world, this would be an acceptable standard. But, unfortunately, this is not an ideal world. Recognizing that this is a credit based economy, people do get behind on their obligations, for various reasons. Some may have had a temporary lawoff from their job; some may incur unexpected medical expenses; some may have had a cut in pay; while others may have simply miscalculated their ability to repay their debts. Whatever the reason, our person may now find the wolf knocking on his or her door demanding money which they do not have. This could be an embarrassing, or harassing situation. After all, who likes to have creditors calling demanding money which they do not have? Who likes to have a sheriff bringing a summons to their door? Who likes to have a foreclosure action filed aganst their residence? The bankruptcy laws are designed to give you relief from this oppression. One of the most important benefits of bankruptcy is the "automatic stay." This means that the minute you file for bankruptcy, creditors will not be allowed to contact you any further. This means that all phone calls, collection letters, lawsuits, foreclosure actions, etc. will have to be put "on hold.' Creditors will now have to work through the court to sort things out. Chapter 13 or Chapter 7? The two basic types of bankruptcy for individuals is Chapter 13 and Chapter 7. Chapter 13 is a reorganization of your finances; and, Chapter 7 is a liquidation. Which chapter should I file? Most people file Chapter 13 when they have property to save, or cannot pass the means test. Maybe their residence is in foreclosure, or they have certain debts which they cannot discharge (taxes, for example). They can repay these debts through Chapter 13, and not lose their property. Chapter 7, however is a liquidation. Maybe our debtor is out of work and cannot devise a repayment plan. Maybe their business has failed, and they are stuck with massive debts. Whatever the reason, Chapter 7 appears to be the best option available to meet their needs. Whether to file Chapter 13 or Chapter 7? This is best determined by consultation with a bankruptcy attorney. The attorney will review your financial situation, budget, debts, property, and recommend the best option to suit your needs. You should not try to do this on your own, since bankruptcy is very complex and there are many pitfalls to making mistakes. The Means Test This is a determination of your eligibility to file a Chapter 7 case. Basically, if you have an income above a certain threshhold, you will not be qualified to file a Chapter 7 case. You will have to file Chaptder 13, and pay your creditors some portion of your debts. Congress has decided that high income debtors should not be allowed to "stiff" their creditors, if they have some ability to repay their debts. Your attorney will discuss the means test issues with you during your consultation. Discharge This is the goal in most bankruptcy proceedings. You want to have your debts declared "null and void," and creditors permanently enjoined from contacting you. As you may be aware, when our nation was founded, there were "debtor's prisons." If you could not pay your debts, you were sent away to prison, until you paid them. This generally resulted in "life sentences," since how could you earn money to pay your debts while locked up? Congress passed the bankruptcy laws in order to alleviate this situation. They recognized that some people get in "over their heads" and need relief. Thus, the concept of "discharge" was born. This means that you are relieved of your debts, and given a "fresh start" to get on with your life. Bankruptcy has both its benefits, and detriments. Obviously, your credit is going to be damaged for a period of time. But, if you think the benefits outweigh the detriments, then you need to consult with an attorney to explore your options. From the Author: Bankruptcy Overview Share on Google Plus Share on Facebook