Section 541(a) Has Extraterritorial Effect

In the case of In re Rajapakse, 346 B.R. 233 (Bkrtcy.N.D.Gla.2005)(Massey, J.), the Chapter 7 Trustee sought an order directing the pro se chapter 7 Debtor to turn over certain property located outside of the U.S. The Debtor claimed that the property was not property of the estate and was outside the Court's jurisdiction. The Court granted the Trustee's motion and directed the Debtor to turn over and account for all the foreign assets.

Any income you earn over $600 is now being reported to the Internal Revenue Service by payment apps including eBay, Venmo and Airbnb see the NY Post Article below

 The Taxman Cometh: The IRS wants in on your Venmo, see the article at https://nypost.com/2022/06/09/the-taxman-cometh-the-irs-wants-in-on-your...As the article provides, any income you earn over $600 is now being reported to the Internal Revenue Service by payment apps including eBay, Venmo and AirbnbForewarned, is forearmed! Jim Shenwick Esq 212 541 6224 [email protected]

Chapter 13 Bankruptcy Forbes Advisor

 Forbes Advisor has very interesting and informative article about Chapter 13 Bankruptcy, it can be found at Forbes Advisor Chapter 13Those people with questions about personal bankruptcy should contact Jim Shenwick, Esq. 212 541 6224 [email protected]

Is Bankruptcy a Sin?

bible on layoff notice

Diane received 2022 Preeminent Award and Gold Client Champion Award

Diane Drain received the 2022 Preeminent Award and Gold Client Champion Award from Martindale-Hubbell.
The 2022 AV Preeminent award is given to an “elite group of attorneys who have been rated highly by their peers as having Very High Ethical Standards and an A grade.  Lawyers.com

11th Circuit Upholds SD Florida Bankr Decision Allowing 304 Case for Italian Debtor

On June 29, 2007, the 11th Circuit Court of Appeal in an unpublished decision in In re Rosacometta, S.R.L., 244 Fed.Appx. 286 (11th Cir. 2007) upheld the decision of the Bankruptcy Court of the Southern District of Florida. The bankruptcy court had allowed an ancillary petition under section 304 (pre-BAPCPA) and enjoined the creditor from collecting on a writ of garnishment in the state court against the Italian company that had filed for bankruptcy relief in Italy.

11th Circuit Upholds SD Florida Bankr Decision Allowing 304 Case for Italian Debtor

On June 29, 2007, the 11th Circuit Court of Appeal in an unpublished decision in In re Rosacometta, S.R.L., 244 Fed.Appx. 286 (11th Cir. 2007) upheld the decision of the Bankruptcy Court of the Southern District of Florida. The bankruptcy court had allowed an ancillary petition under section 304 (pre-BAPCPA) and enjoined the creditor from collecting on a writ of garnishment in the state court against the Italian company that had filed for bankruptcy relief in Italy.

Are Changes on the Way for Bankruptcy and Student Loans?

Are Changes on the Way for Bankruptcy and Student Loans? There’s one big change Joe Biden can make (without Congress) so people who can’t afford to pay their student loans can clear them in bankruptcy. During his presidential campaign, Joe Biden promised to help people who can’t pay their student loans.  So far, he’s helped […]

Are Changes on the Way for Bankruptcy and Student Loans?

Are Changes on the Way for Bankruptcy and Student Loans? There’s one big change Joe Biden can make (without Congress) so people who can’t afford to pay their student loans can clear them in bankruptcy. During his presidential campaign, Joe Biden promised to help people who can’t pay their student loans.  So far, he’s helped […]

"Not for Publication"

ControversyThe topic of "not for publication" has raised  controvery over the years, the main issues precedential value and the ability to cite as precedent.

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