Judicial Estoppel is an equitable legal doctrine that prevents parties from taking intentionally inconsistent positions in different forums or courts. In the context of a bankruptcy case, judicial estoppel can prevent a debtor from bringing a claim against a party if...
When unsecured creditors are entitled to interest payments in bankruptcy and at what rate they are to be paid is an often confusing topic. First, unsecured creditors will often file a proof of claim with the bankruptcy clerk with supporting documentation to validate...
I would consider anyone who has gone through financially hard times only once in life extremely lucky. With this realization, the bankruptcy code was written to allow subsequent filings, but there are statutory waiting periods you must wait between each case. If you...
If you own commercial real property and your tenant files bankruptcy, there are certain remedies you can pursue to make sure that you get paid for any rent that accrues after the bankruptcy petition is filed. Post-petition rent is an unsecured claim, but not all...
Chapter 11 is most often associated with business bankruptcies; however, it is also a necessity for a few high-income individuals who have debt limits that surpass the Chapter 13 statutory requirements. You see, if you have more than approximately $360,000 (this...
Individuals Can File Chapter 11 Too Chapter 11 is not just for small businesses and large corporations suffering insurmountable debt problems. Pursuant to Section 109(d) of the bankruptcy code, a person that may be a debtor under Chapter 7 (which is any individual)...
