Molleur Law Blog

Process of an Individual Chapter 11 Case

Posted on 02/27/2010 at 05:58 pm | Viewed 1,867 times

Individuals who file Chapter 11 experience the reorganization bankruptcy system in ways that are similar to corporations that file Chapter 11, but are also similar to individuals who reorganize in Chapter 13. If individuals want or need to reorganize their finances, and have more than $336,900 in unsecured debt or $1,010,650 of secured

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Process of a Chapter 12 Bankruptcy Case

Posted on 02/26/2010 at 05:57 pm | Viewed 1,071 times

Chapter 12 is the reorganization chapter in the Bankruptcy Code for family farmers or family fishermen. The Code defines a "family farmer" as an individual or entity (corporation, LLC) that has less than $3,544,525 of total debt (secured and unsecured), with not less than 50% of the debt (excluding the principal residence) related to the

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Adequate Protection of Cash Collateral In Chapter 11

Posted on 02/26/2010 at 12:00 am | Viewed 1,810 times

Section 363(a) of the Bankruptcy Code provides the definition of cash collateral. Cash collateral is defined by section 363 to

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What Rights Do I Have If My Car Is Repossessed?

Posted on 08/05/2009 at 05:52 pm | Viewed 961 times

Bankruptcy Article #27

Losing a car to repossession is a traumatic experience for any consumer. Not only has the consumer lost access to their means of transportation, but their credit will be damaged, making it harder and more expensive to borrow in the future. And, because most creditors sell repossessed cars at auction for

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Long Awaited Help for Federal Student Loan Debtors

Posted on 07/15/2009 at 05:54 pm | Viewed 725 times

For federal student loan borrowers, repaying loans has become more and more difficult with the increased costs of post-secondary education and the down-turn in the economy.  Student loan debt is almost never dischargeable in bankruptcy, although there is a very narrow exception for undue hardship 11 U.S.C. §523(a) (8).  The

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Process of a Corporate Chapter 11 Case

Posted on 05/05/2007 at 12:00 am | Viewed 844 times

Corporate or LLC Chapter 11 cases are filed by businesses which are able to reorganize their finances to operate profitably after

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Debt Consolidation Programs: Bankruptcy Can be a Better Option

Posted on 03/08/2007 at 05:51 pm | Viewed 1,404 times

Bankruptcy Article #26

March, 2007

Many people struggle for years trying to complete debt consolidation programs rather than filing bankruptcy because they think a bankruptcy will ruin their credit forever. While a bankruptcy can appear on your credit report for up to ten years, there is no

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Introduction to Exemptions

Posted on 12/30/2006 at 05:20 pm | Viewed 1,151 times

Bankruptcy Article #5

A. State Exemptions

There are two statutory exemptions schemes available under the Bankruptcy Code. The federal exemptions, 11 U.S.C. Section 522, are available if permitted under state law. States are allowed to "opt - out" of the federal exemptions pursuant to Section 522(b) (1). Maine has chosen

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Why Choose Chapter 13 Over Chapter 7?

Posted on 11/29/2006 at 05:31 pm | Viewed 3,283 times

Bankruptcy Article #12

The #1 reason for choosing Chapter 13 bankruptcy over chapter 7 is to save your home from foreclosure.

»See the List of Nine Reasons.

• Who makes a good candidate for Chapter 13 Bankruptcy?
• Nine Reasons to file for Chapter 13

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Chapter 11 for Small Businesses

Posted on 11/27/2006 at 05:49 pm | Viewed 1,217 times

Bankruptcy Article #25

James Molleur
November, 2006

The purpose of this Article is to provide a basic understanding of Small Business Chapter 11 bankruptcy cases.

As with any other bankruptcy topic, the specific requirements for any particular business going through Chapter 11 can vary, but there

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