Molleur Law Blog

Dischargeability of Taxes

Posted on 11/05/2006 at 05:23 pm | Viewed 1,545 times

Bankruptcy Article #7

In a Chapter 7 case, Section 523 of the Code determines which tax debts are non-dischargeable. Included are:

1. Taxes entitled to priority under Section 507(a). See Section 523 (a) (1) (A).
2. A tax due upon filing a return, but the return is not filed. Section 523(a) (1) (B)

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Winners and Losers under BAPCPA

Posted on 09/14/2006 at 07:30 pm | Viewed 2,931 times

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 altered the relationship of debtors and creditors, and even altered the relationships between creditors.

Debtors are generally losers under this major revision of the Bankruptcy Code (initially adopted in 1978, and only minimally changed over the past 27 years, until

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Automatic Stay Violations

Posted on 05/31/2006 at 05:34 pm | Viewed 3,083 times

Bankruptcy Article #14

11 U.S.C. Section 362 of the Bankruptcy Code, otherwise known as the "Automatic Stay" is perhaps the most well known section in the Code. The Stay comes into play in every bankruptcy case at the moment the bankruptcy petition is filed with the Court Clerk's office. Section 362(a) delineates the types of

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Reorganization of a Business

Posted on 02/07/2006 at 05:39 pm | Viewed 802 times

Bankruptcy Article #16

A. Authority under Chapter 13

• Only sole proprietorships can conduct a business in Chapter 13. 11 U.S.C. Section 1304(a) provides a description of a person who is considered in business under Chapter 13:

  (a) A debtor that is

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Requirements of a Chapter 13 Plan

Posted on 02/05/2006 at 05:33 pm | Viewed 1,710 times

Bankruptcy Article #13

Eligibility, Feasibility and Good Faith

Three key components to a Chapter 13 plan are eligibility (whether a debtor is entitled to file a Chapter 13 under the limitations set forth in Section 109(e), feasibility (whether a debtor can fund a payment plan which complies with Section 1322 and 1325),

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Preferential Transfers

Posted on 02/04/2006 at 05:29 pm | Viewed 989 times

Bankruptcy Article #11

Preferences, under the Bankruptcy Code, are transfers of property of the debtor which are avoidable (or reversible), if they are:

1. to or for the benefit of a creditor;
2. for or on account of an antecedent debt owed by the debtor before the transfer was made;
3. made while the

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Fraudulent Transfers

Posted on 02/03/2006 at 05:27 pm | Viewed 986 times

Bankruptcy Article #10

Transfers of property are deemed fraudulent if the transfers are incurred with the actual intent to hinder, delay, or defraud a creditor, or if less than reasonably equivalent value is given in exchange for the transfer and the debtor was insolvent at the time of the transfer. See 11 U.S.C. Section 548(a).

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Discharge of Student Loans

Posted on 01/24/2005 at 05:22 pm | Viewed 1,937 times

Bankruptcy Article #6

"Undue Hardship" is Mitigated by Partner's Income
Lorenz v. American Educational Services
Update: 2/1/2006

The First Circuit Bankruptcy Appellate Panel reversed a Bankrutpcy Court decision which had granted an undue

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Bankruptcy and Divorce

Posted on 09/03/2004 at 12:00 am | Viewed 1,675 times

There are many issues of law that can be explored in the intersection between bankruptcy law and divorce law. The purpose of this article is to summarize the state of the law regarding some of the most prominent issues that appear in consumer cases.

1. The effect of a divorce judgment on the division of marital

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