Sep. 6, 2017

Appeals Court Allows Final Chapter 13 Payment Beyond 60 Months

Few things in life are certain. Death. Taxes. Chapter 13 plan payments must be completed within 5 years. But wait – the Third Circuit Court of Appeals recently held that a Chapter 13 Debtor can receive a discharge, even if the final plan payment is made after 60 months. In a case of first impression […]

Aug. 22, 2017

Pennsylvania Superior Court Holds Diversion to Bankruptcy Court Eliminates Dragonetti Act Claim

The Pennsylvania Superior Court has held that the removal of a state law claim from the state courts to the federal bankruptcy court pre-empted the defendants’ subsequent suit under the Dragonetti Act for wrongful use of civil proceedings. The facts are summarized as follows: Landlord commenced an action against Law Firm and its partners for […]

Jul. 19, 2017

FLB named Top Law Firm and M&A Firm by Readers of Lehigh Valley Business

Fitzpatrick Lentz & Bubba, PC has been named both the Top Law Firm and Top Mergers & Acquisitions Firm in the Lehigh Valley for 2017 by the readers of Lehigh Valley Business.  Thousands of votes were cast in Lehigh Valley Business’ inaugural reader rankings, and the results were published on July 17, 2017. “When you […]

Jul. 12, 2017

Lehigh Valley Featured in American Airlines In-Flight Magazine

During the month of July – the busiest airline travel month of the year – American Airlines passengers around the world will be learning why the Lehigh Valley is great place to visit, relocate and operate a business.  American Way, the in-flight magazine for American Airlines, is featuring the Lehigh Valley in its Spotlight series. […]

Jun. 23, 2017

Supreme Court Rules Filing a Stale Claim is not an Unfair Debt Collection Practice

On May 15, 2017, the Supreme Court resolved a split among the Circuit Courts of Appeals, holding that the filing a time-barred / stale claim does not violate the Fair Debt Collection Practices Act. Midland Funding v. Johnson (U.S. May 15, 2017). The Fair Debt Collection Practices Act, 15 U. S. C. §§1692 et seq., […]

May. 30, 2017

Emotional Distress Damages Upheld for Stay Violation

The current Bankruptcy Code went into effect on October 1, 1979. One of the fundamental provisions of the Bankruptcy Code is the automatic bankruptcy stay which, as its name implies, automatically halts almost all collection activity against the debtor and the debtor’s property. Even though the law has been around for close to 40 years, […]

May. 18, 2017

FLB Attorneys Named to Super Lawyers and Rising Stars Lists

Fitzpatrick Lentz & Bubba, P.C. is pleased to announce that four attorneys have been selected for inclusion in this year’s Pennsylvania Super Lawyers. In addition, two attorneys were named to the Pennsylvania Super Lawyers – Rising Stars Edition. Historically, less than 5% of the lawyers in the state are selected for the coveted distinction of Pennsylvania […]

May. 17, 2017

Third Circuit Weighs in on Dischargeability of Late Filed Tax Debts

In a recent decision, the Third Circuit Court of Appeals determined whether Internal Revenue Service Forms 1040, filed after the IRS has made an assessment of the taxpayer’s liability, constitute “returns” for purposes of determining the dischargeability in bankruptcy of tax debts under 11 U.S.C. § 523(a)(1)(B).  In plain language, the question before the Court […]

Apr. 18, 2017

Supreme Court Issues Long Awaited Jevic Ruling, Ending Structured Dismissals in Bankruptcy

As a general proposition, Chapter 11 bankruptcy proceedings can conclude in one of three ways:  (1) confirmation of a plan of reorganization (or liquidation); (2) conversion to Chapter 7; or (3) dismissal.  Ideally, a plan is confirmed in which creditors receive payment as required under the distribution scheme embodied in the Bankruptcy Code. Plans can provide […]

Apr. 12, 2017

No Retreat, Baby, When You Surrender

Under Section 521 of the Bankruptcy code, an individual debtor is obligated to choose how to treat the collateral of a secured creditor. Under the Code, the choices are: reaffirm the debt, redeem the collateral, surrender it, or claim the property as exempt. The debtor must file a Statement of Intention which explicitly lists the […]