Case Law and Analysis Archives - National Bankruptcy Forum
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Case Law and Analysis

How has recent case law affected bankruptcies in the U.S.? Our member attorneys have written dozens of articles analyzing case law, providing lessons learned on everything from student loan debt being dischargeable in bankruptcy to when creditors violate discharge orders. Read on for information from court rulings that have changed bankruptcy laws, for better or worse.

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Posted by: Charles L. Basch II

Debt Collectors in the US You Need to Know

The debt collection industry is big — estimated to be a $12 billion industry in fact, and growing. There are literally thousands of debt collectors in the form of collection companies, law firms, and yes, even debt buyers. How does it all work? The origin of debt collectors had humble beginnings. They were often in-house departments of…

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Posted by: Moderator

4 lessons from 50 Cent’s bankruptcy case

A federal judge recently discharged the bankruptcy case of rapper 50 Cent after he paid more than $22 million of his debt. 50 Cent filed for Chapter 11 reorganization in 2015, with debts of $36 million and assets of less than $20 million. The “Get Rich or Die Tryin’” artist, whose real name is Curtis…

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Posted by: John O'Connor

IRS Sanctioned for Willful Violation of Discharge Order

The Bankruptcy Discharge Applies Even To The Federal Government Creditors who attempt to collect on debts that have been discharged in bankruptcy often find themselves in serious hot water with the Bankruptcy Court.  Bankruptcy judges take the discharge order very seriously and will dish out punishment to those who ignore its prohibitions against continued collection…

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Posted by: National Bankruptcy Forum

Credit Card Lawsuit Defenses: What to Do When You’ve Been Sued

Last updated Sept. 21, 2017. You’ve received notice that your credit card company is suing you. What do you do now? The first step is to read the complaint carefully. Your creditor will most likely sue because you haven’t paid but can also sue you for defaulting on any term of your contract. The complaint will…

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Posted by: John O'Connor

Failure To Keep Adequate Records Can Be Grounds For Denying Bankruptcy Discharge

In Chapter 7 bankruptcy, a debtor is entitled to a Discharge of his or her debt unless one or more of twelve exceptions is met. One such exception is the failure to keep adequate records. In order to ensure that you have entered bankruptcy court in good faith, the court and trustee must be able to verify…

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Posted by: John O'Connor

Are Arbitration Agreements Enforceable In Bankruptcy?

Arbitration and Bankruptcy Pursuant to Supreme Court decisions broadly applying the enforceability of the Federal Arbitration Act (FAA) mandatory arbitration clauses are becoming more common in consumer contracts of all kinds. Arbitration, with its limited discovery and lack of judicial review, appeals to large corporations weary of the unpredictable jury. However, the case by case…

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