The U.S. Bankruptcy Code will be implementing inflation adjustments in its eligibility and exemption limits by 13.2% across various provisions. The official adjustments have been published in the Federal Register, marking the...more
Historically, a business (known as a debtor) filed for chapter 11 to restructure its debts owed to creditors through a plan of reorganization. The debtor would receive a discharge of any debts not required to be repaid under...more
In every insolvency or bankruptcy proceeding, there are winners and losers. Senior secured creditors are often paid in full while general unsecured creditors receive pennies on the dollar.
Typically, who gets paid and who...more
1/21/2022
/ Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Creditors ,
Denial of Certiorari ,
Due Process ,
General Motors ,
Insolvency ,
PBGC ,
Retirement Plan ,
SCOTUS ,
Unsecured Debt ,
Vested Benefits
Bankruptcy is a forum for the insolvent. However, financially healthy businesses and individuals are dragged into bankruptcy court against their will every day. The primary culprit is the adversary complaint filed by a...more
In a facilitative mediation, a neutral party serves as a mediator and works with the litigants to reach a settlement. The mediator has no power to rule or bind the parties to a judgment or decision, but rather facilitates a...more
3/11/2021
/ Bankruptcy Court ,
Capital Assets ,
Chapter 11 ,
Chapter 13 ,
Chapter 7 ,
Contested Proceedings ,
Creditors ,
Debtors ,
Disclosure ,
Liquidation ,
Mediation ,
Mediators ,
Reorganizations ,
Settlement