Case Law and Analysis

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

What do you do when your credit card company sues you? 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 […]

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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 […]

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 […]