by Dan Press, Virginia and D.C. Bankruptcy Attorney
It is commonly understood that bankruptcy law affords no basis to set aside a prepetition foreclosure sale, even if the sale generated far less than the fair market value of the property, as long as the sale was conducted in a procedurally proper manner under state law. That understanding may be an oversimplification, according to [...]
by Dan Press, Virginia and D.C. Bankruptcy Attorney
Many people think that bankruptcy courts can’t conduct jury trials, and that all preference and fraudulent conveyance cases in bankruptcy cases (called “adversary proceedings”) have to be tried before the bankruptcy judge without a jury. But this is not true. If you have been sued by a trustee (or Chapter 11 debtor) to recover a [...]
by Russell A. DeMott, Charleston Bankruptcy Lawyer
In part one, I examined why you should not repay mom prior to filing bankruptcy and discussed preferential transfers, or “preferences.” In this post I’ll tell you about what options you have if you’ve already paid her back. After all, much of what bankruptcy lawyers do is to provide solutions to these types of problems [...]
by Russell A. DeMott, Charleston Bankruptcy Lawyer
But I Love My Mother! I know you love your mother. I love mine, too. But if you’re in financial trouble, the best way to show her that you love her is to not pay her back–that is, until after your bankruptcy. Bankruptcy law can be counter intuitive. You think something’s logical. It makes sense [...]
