Molleur Law Blog

Chapter 13 Debt Limits to Adjust on April 1, 2010

Posted on 03/26/2010 at 12:00 am | Viewed 1,286 times

On April 1, 2010, the debt limits in Chapter 13 will upwardly adjust. Sometimes a bar to Chapter 13, these new debt limits may make filing Chapter 13 now possible where the same debtor may have had to file an individual Chapter 11 cases.

Every three years (11 U.S.C. §104), the Bankruptcy Code increases the debt limits in

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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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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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NACBA Report on Loan Modifications

Posted on 01/31/2009 at 12:00 am | Viewed 619 times

The National Association of Consumer Bankruptcy Attorneys (NACBA) has issued a press release which provides evidence that loan modifications are not effectively working for many homeowners.  NACBA's research shows that more than half of homeowners in financial distress are not being helped by loan modifications and those that are helped

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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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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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