Blogs

11 years 5 months ago

  Springtime is supposed to be a joyful time for those who have graduated from college. However, for many members of the class of 2014, graduation means that they have left their student lifestyle behind, and they are about to meet their student debt obligations head-on. Typically, this reality is felt the most six months... Read more »
The post Obama Introduces The New Pay As You Earn Plan Capping Student Loan Payments appeared first on AllmandLaw.


11 years 2 months ago

  Springtime is supposed to be a joyful time for those who have graduated from college. However, for many members of the class of 2014, graduation means that they have left their student lifestyle behind, and they are about to meet their student debt obligations head-on. Typically, this reality is felt the most six months... Read more »
The post Obama Introduces The New Pay As You Earn Plan Capping Student Loan Payments appeared first on Allmand Law Firm PLLC.


11 years 3 weeks ago

Springtime is supposed to be a joyful time for those who have graduated from college. However, for many members of the class of 2014, graduation means that they have left their student lifestyle behind, and they are about to meet their student loan debt obligations head-on. Typically, this reality is felt the most six months […]
The post Obama Introduces The New Pay As You Earn Plan Capping Student Loan Payments appeared first on Allmand Law Firm PLLC.


11 years 5 months ago

Current Chapter 13 Bankruptcy Client I have a client that is currently in a chapter 13 bankruptcy case, but is struggling to make her plan payments. The trustee has filed a motion to dismiss the case for failure to make timely payments. My client is approximately $1500 behind even though her trustee payments are being+ Read More
The post Re-Filing Chapter 13 Bankruptcy Provides A Welcome Surprise appeared first on David M. Siegel.


11 years 5 months ago

This article in the Norfolk paper about Portfolio Recovery explains something I had only guessed at, before.  Debt collectors know when your finances improve.  Debt collectors pay the credit bureaus to tell them. I’m a Virginia bankruptcy attorney, and I know people want to put off filing bankruptcy for as long as possible. Some people come […]
The post Debt Collectors will be on you like a duck on a junebug by Robert Weed appeared first on Robert Weed.


11 years 5 months ago

The Supreme Court finally addressed the issue of when an IRA does not count as a retirement account. For nearly ten years, the question of whether inherited IRAs are protected during bankruptcy has gone unanswered. Finally, the Supreme Court has answered it with a unanimous no. In Clark v. Rameker, Heidi Heffron-Clark filed for bankruptcy... Read more »
The post Are Funds in an Inherited IRA Protected in Bankruptcy? appeared first on AllmandLaw.


11 years 2 months ago

The Supreme Court finally addressed the issue of when an IRA does not count as a retirement account. For nearly ten years, the question of whether inherited IRAs are protected during bankruptcy has gone unanswered. Finally, the Supreme Court has answered it with a unanimous no. In Clark v. Rameker, Heidi Heffron-Clark filed for bankruptcy... Read more »
The post Are Funds in an Inherited IRA Protected in Bankruptcy? appeared first on Allmand Law Firm PLLC.


11 years 3 weeks ago

The Supreme Court finally addressed the issue of when an IRA does not count as a retirement account. For nearly ten years, the question of whether inherited IRAs are protected during bankruptcy has gone unanswered. Finally, the Supreme Court has answered it with a unanimous no. In Clark v. Rameker, Heidi Heffron-Clark filed for bankruptcy […]
The post Are Funds in an Inherited IRA Protected in Bankruptcy? appeared first on Allmand Law Firm PLLC.


11 years 5 months ago

This post is specifically directed to consumer bankruptcy attorneys located in the Chicago area. The American bankruptcy Institute is holding their seventh annual Chicago consumer bankruptcy conference to be held on November 11, 2014. The conference will take place at the University of Chicago Gleacher center. The conference will focus on current issues affecting debtors+ Read More
The post 7th Annual Chicago Consumer Bankruptcy Conference appeared first on David M. Siegel.


11 years 5 months ago

In 2011, the U.S. Supreme Court (the “Court”) issued
its noteworthy decision in Stern v. Marshall,1 in which it held
that bankruptcy courts lack the constitutional authority to enter a final
judgment on a state law counterclaim that is not related to the bankruptcy
proceeding. Since Stern, a number of cases have been published - at both
the bankruptcy court and court of appeals levels - where Stern
jurisdictional issues have been raised and adjudicated. We recently wrote about
one on this blog.
The Court, itself, had a chance to consider the
implications of Stern in the case of Executive Benefits Ins. Agency
v. Arkinson
.2 In a unanimous decision
written by Justice Clarence Thomas, the Court ruled that where Article III of
the U.S. Constitution does not permit a bankruptcy court to enter final
judgment on a bankruptcy related claim, the bankruptcy court may issue proposed
findings of fact and conclusions of law with respect to the claim, to be
reviewed de novo by a federal district court.

Read More ›
Tags: U.S. Supreme Court


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