Bankruptcy

June 15, 2022

New Amendments to U.S. Bankruptcy Code: Modifications to Previous Dollar Amount Thresholds

Eric R. Von Helmsevonhelms@kmksc.com(414) 962-5110 Section 104(a) of the Federal Bankruptcy Code provides for automatic adjustments to certain dollar amounts in the Code every three years. […]
June 3, 2022

The C.A.R.E.S. Act: Trillions in Stimulus Payments, But also Business Bankruptcy Law Changes Creditors Need to Know

[Originally Published 4/6/20; Updated 6/3/22] The Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”) passed by Congress and signed into law by the President […]
June 3, 2022

Exemptions and Lien Avoidance Summary

(§ 522)—Exempt assets are assets that unsecured creditors (and some secured creditors) cannot reach. Some key points about exemptions are the following: Exemptions are for people—not […]
June 3, 2022

Involuntary Petitions – Forcing a Deadbeat into Bankruptcy

The ultimate step in creditor collection brinkmanship is the decision to start an involuntary bankruptcy petition against a debtor. There are myriad reasons to commence an […]
June 3, 2022

Preference Defenses: Update on the BAPCPA Reforms

When it was enacted, most publicity regarding the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”) focused on consumer bankruptcy reforms.  However, commercial creditors […]
June 29, 2020

Does the Bankruptcy of a Guarantor Extinguish the Guaranty of Future Business Debts? Perhaps Not!

The scenario is unusual but is becoming increasingly more common. A business enters into a credit agreement with a creditor to purchase goods or services. The […]
January 2, 2020

California Court Allows Debtor to Create Exemption with Non-Exempt Assets

Homestead exemption laws can be used by debtors to shield real property assets from collection by creditors. A recent federal district court decision held that such […]
October 22, 2019

SCOTUS Reasons “Fair Ground of Doubt” Strikes a Balance

Under a recent United States Supreme Court ruling, creditors could be subject to sanctions if there is no “fair ground of doubt” as to the actions […]
April 4, 2019

Important Amendments to U.S. Bankruptcy Code: Modifications to Dollar Amount Thresholds

Section 104(a) of the Federal Bankruptcy Code provides for automatic adjustments to certain dollar amounts in the Bankruptcy Code every three years. (11 U.S.C. § 104(a)). […]