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 […]

Oct. 25, 2016

Your Construction Business Could Be Liable to Secondary Buyers: Protect Yourself

The take-home lesson for worried home builders is that promotional materials should correctly describe your work and ensure you deliver what you advertise.

Oct. 13, 2016

Strategies For Dealing With Preference Claims In Bankruptcy Cases

Understanding and clearly conveying possible defenses will aid businesses confronting bankruptcy preference clams.

Sep. 26, 2016

Strategies To Minimize Losses When A Customer Files Bankruptcy

Although some business losses are inevitable, there are tactics to minimize avoidable losses when a customer files bankruptcy.

Jul. 19, 2016

NJ Bankruptcy Court Holds Inherited IRA Excluded from Bankruptcy Estate

An inherited IRA that meets the requirements of the NJ Statute and satisfies the 5-part Yuhas test is beyond the reach of bankruptcy trustees in New Jersey, per a recent decision from .

Jun. 13, 2016

Supreme Court: Fraud Means Fraud

People engaged in schemes falling within the historical purview of “actual fraud” will no longer find refuge in the bankruptcy courts.

Jun. 1, 2016

PA Supreme Court Permits Amendment and Relation Back to Allow Trustee to Pursue Claim

The Pennsylvania Supreme Court recently addressed key bankruptcy law questions regarding amendments and relation-back approach.

May. 12, 2016

Unreasonable Delay Results In Denial Of Bankruptcy Relief

The Bankruptcy Code provides numerous protections for debtors in order to facilitate the goal of enabling a fresh start. Section 305(b) of the Code even permits a case to be reopened for various reasons, including “to accord relief to the debtor.”