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Challenging Exemptions Under The United States Bankruptcy Code

11 U.S.C. § 522(d)(11)(D) reads as follows: § 522. Exemptions (d) The following property may be exempted under subsection (b)(2) of this section: (11) The debtor’s […]


Bankruptcy:  The Constitutional Avenue to Settle Debt

Bankruptcy in the United States is a constitutionally (Article 1 Section 8, Clause 4 to be exact) approved way for business entities and individuals to settle […]


U.S Bankruptcies are Still Growing

US BUSINESS bankruptcies rose again in last month, marking the fifth-straight February that such filings have increased, according to a bankruptcy data provider on Tuesday. Companies […]


Take Steps to Protect Your Personal Assets When Contemplating Bankruptcy

If your business is in the red, take steps to protect your personal assets. If your business is in distress — you owe a lot of […]


Bankruptcy Reaffirmation Agreements Must Be Timely Filed

Under the Federal Rules of Bankruptcy Procedure, reaffirmation agreements “shall be filed no later than 60 days after the first date set for the meeting of […]


The Federal Bankruptcy “Means Test”

The most noteworthy change brought by the 2005 BAPCPA amendments occurred within 11 U.S.C. § 707(b). The amendments effectively subject most debtors who have an income, […]


Chapter Seven Individual Bankruptcy An Overview

Individuals who reside, have a place of business, or own property in the United States may file for bankruptcy in a federal court under Chapter 7 […]


Chapter Seven Business Bankruptcy An Overview

When a troubled business is badly in debt and unable to service that debt or pay its creditors, it may file (or be forced by its […]


A Bankrupt GMAC Could Cost the Government $ 50 Billion

Bankruptcy for GMAC Inc., the auto and home lender majority owned by the U.S. government, would have cost the government as much as $50 billion, the […]


Chapter Seven Bankruptcy:  A Fresh Start

Chapter 7 bankruptcy is sometimes referred to as “fresh start” bankruptcy. It gets this name because it can erase most debts. Generally, a Chapter 7 bankruptcy […]



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