Sixth Circuit Rules that Individual Chapter 11 Debtors are Subject to the Absolute Priority Rule

One of the fundamental tenets of a business bankruptcy reorganization plan under
Chapter 11 of the Bankruptcy Code is the "absolute priority rule."
This rule, codified in section 1129(b)(2)(B)(ii) of the Bankruptcy Code,
provides that every unsecured creditor must be paid in full before the debtor
can retain any property under a reorganization plan. Chapter 11, however, is
not solely the domain of business debtors. Individuals (who more commonly seek
protection under Chapters 7 and 13) may also file for Chapter 11. So how does

Estate Planning Special

willWith the addition of a new attorney who is looking to hit the ground running, our firm is excited to offer an estate planning special for the rest of this month.  For individuals who are in need of a simple will and accompanying estate planning documents our firm will provide these services for $400.00 for the first ten clients to retain the firm in th

Mortgage Foreclosure Deficiency - Dycke O'Neal Has Come to Town



Dycke O'Neal, Inc. - - Recent Developments in the Collection of Deficiency Judgments after Mortgage Foreclosure 

Florida Mortgage Foreclosure Deficiency Judgments

Dycke O'Neal, Inc. has filed almost 200 actions for mortgage deficiency judgments in Miami-Dade County just in the past five months - since January, 2014.  Dycke O'Neal, Inc. is one creditor you do not want to meet.  Dycke O'Neal, Inc. is a company out of Texas that has bought up thousands of foreclosure judgments throughout Florida to sue foreclosed homeowners for  a "deficiency" judgment owed after their home is foreclosed.  Dycke O'Neal, Inc. is not just after a few dollars - in many cases it is suing for about $100,000.00 to $200,000.00.

No Surcharge Exempt Property

On March 4, 2014 the US Supreme Court issued its decision in the case of Law v. Siegal, 134 S.Ct. 118 (2014).  The Court ruled that the Bankruptcy Court exceeded its authority when it ordered that the debtor's homestead be "surcharged" to pay the chapter 7 trustee's fees of $75,000.00.

Bankruptcy Dismissal, Conversion, and the Means Test

In this next post we will be discussing the issue surrounding dismissal or conversion of bankruptcy and the role and mechanism of the means test and presumption of abuseThe post Bankruptcy Dismissal, Conversion, and the Means Test appeared first on Tucson Bankruptcy Attorney.

Tacoma Bankruptcy Law Office

I am pleased to report that after our bankruptcy law firm’s successful expansion to Seattle,we are now opening a bankruptcy law office in Tacoma to serve the needs of consumers in Pierce County. We have launched a Tacoma bankruptcy website which can be found at  http://www.tacoma-bankruptcyattorney.net/
 

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