Jim Neher
"Aggressive represenation, compassion for each clients concerns"
7103 Rhode Island Ave., College Park, Maryland 20740-3743 Telephone:
Bankruptcy Newsletter
Turnover to the Trustee
 
The Bankruptcy Code requires an entity in possession, custody, or control of property of the estate, including exempt property, to deliver that property to the trustee, unless the property is of inconsequential value to the estate. More...
 
Chapter 12 Hardship Discharge
 
A Chapter 12 hardship discharge may only be granted if the unsecured creditors have received at least as much as they would have received through a Chapter 7 liquidation and if modification of the plan is not feasible.More...
 
U.S. Trustees
 
United States Trustees supervise the administration of various aspects of cases filed under Chapters 7, 11, 12, and 13 of the Federal Bankruptcy Code.More...
 
Lien and Transfer Avoidance in Connection with Marital or Family Obligations
 
The Bankruptcy Code contains a number of provisions empowering the trustee, the debtor, or both to avoid various types of liens and other prebankruptcy transfers of the debtor's property. The Bankruptcy Code definition of ''transfer'' includes creation of a lien. The Bankruptcy Code allows the trustee or debtor to nullify or undo prior transactions in order to promote the dual bankruptcy policies of equity among creditors and a fresh start for debtors.More...
 
Grounds for Dismissal
 
The Bankruptcy Code and Federal Rules of Bankruptcy Procedure permit liberal amendments to a debtor's petition, schedules, lists, and statement of affairs. Generally, courts are not likely to dismiss petitions. Common grounds for dismissal are (1) inability to pay fees, (2) "cause" to dismiss, and (3) lack of "good faith."More...
 
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