Appearing in the pages of the New York Times today was an article about a bankruptcy Court showdown which raises profound questions for the Debtors in that particular case, as well as broader questions about the continuing viability of the sacred principle known as the “rule of law” in our society.
If you liked that post, [...]

Popularity: 66% [?]

Under the Bankruptcy Code, 11 U.S.C. 101, et seq., private trustees typically administer debtors’ estates, subject to supervision by the United States Trustees in their respective judicial districts. 
The United States Trustee is a government official appointed by the Attorney General for a five year term to serve various administrative and monitoring functions in a particular [...]

Popularity: 21% [?]

The Federal Judiciary has an informative website where you can find your local federal court, including your local bankruptcy court. Visit http://www.uscourts.gov/courtlinks/. You can search for your local bankruptcy court by zip code, city and state, circuit, county and state, or area code. After you locate your local bankruptcy court, the site [...]

Popularity: 14% [?]

The Pennsylvania Rules of Professional Conduct, Rule 2.1 states “[i]n representing a client, a lawyer shall exercise independent professional judgment and render candid advice.  In rendering advice, a lawyer may refer not only to law but to other considerations such as moral, economic, social and political factors, that may be relevant to the client’s situation.”  [...]

Popularity: 17% [?]

When appearing before a Pennsylvania bankruptcy judge, it is important to not only to be familiar with the Federal and local rules of procedure, but also to check the preferences of the judge before whom you are appearing.
In the Western District of Pennsylvania, the general website is http://www.pawb.uscourts.gov/.  There are five bankruptcy judges in the [...]

Popularity: 28% [?]

When appearing before a Pennsylvania bankruptcy judge, it is important to not only to be familiar with the Federal and local rules of procedure, but also to check the preferences of the judge before whom you are appearing.
In the Middle District of Pennsylvania, the general website is http://www.pamb.uscourts.gov/index.html.  There are three bankruptcy judges in the [...]

Popularity: 27% [?]

When appearing before a Pennsylvania bankruptcy judge, it is important to not only to be familiar with the Federal and local rules of procedure, but also to check the preferences of the judge before whom you are appearing.
In the Eastern District of Pennsylvania, the general website is http://www.paeb.uscourts.gov/.  There are five bankruptcy judges sitting in [...]

Popularity: 27% [?]

For the sake of safe-guarding the due process rights of creditors involved in bankruptcy proceedings in the Western District of Pennsylvania, local rules of procedure require debtors to list each and every creditor by name as respondents in Motions which affect their rights.  The rule was instituted shortly after BAPCPA took effect on October 17, 2005 [...]

Popularity: 27% [?]

When filing for bankruptcy protection under Chapter 7, of paramount concern to many debtors is the status of their vehicles.  There three primary options expressly endorsed by the United States Bankruptcy Code:

Reaffirmation.  Reaffirmation is governed principally by Section 524(c) of the Code.  Of concern in post-BAPCPA cases in the vehicle context is the manner in [...]

Popularity: 81% [?]

In 2003, the Pennsylvania House of Representatives directed the Pennsylvania Department of Banking to commission a study on the residential mortgage industry.  The study was released in 2005 and was entitled “Losing the American Dream: A Report on Residential Mortgage Foreclosures and Abusive Lending Practices.”  The report rattled lawmakers by revealing that Pennsylvania is home [...]

Popularity: 16% [?]