Check Washing: What You Need to Know
If you pay attention to local and state news headlines, you’ve heard about check washing. The Pennsylvania State Police have previously issued warnings to Pennsylvania residents to beware of criminal activity, especially during the holiday season.
Supreme Court Interprets Bankruptcy Code: Fraudulent Debt Cannot Be Discharged
“Filing for Chapter 11” is a term many Americans know from news headlines when a business reorganizes due to bankruptcy.
Supreme Court Ends Debate Over Bankruptcy Question
October of 2019, the Court of Appeals for the Third Circuit issued a decision addressing an often-asked question in bankruptcy: whether it is a violation of the automatic stay to retain a vehicle that was repossessed pre-bankruptcy?
PA Governor Signs Order Providing Protections Against Foreclosures & Evictions
On May 7, 2020, Pennsylvania Governor Tom Wolf signed an executive order to create and extend protections to property owners and tenants throughout the Commonwealth from the latent economic impacts of the state-wide lockdown in response to the COVID-19 pandemic. Specifically, the executive order builds on a Pennsylvania Supreme Court order that closed court eviction […]
CARES Act Expands Relief for Small Businesses
Long before COVID-19 (Coronavirus) was even known to most Americans, Congress acted to address a recognized deficiency in the Bankruptcy Code. The expansive provisions for business reorganization under Chapter 11 were too cumbersome, expensive and complex for many smaller businesses, while the options for “mom and pop” enterprises under Chapter 13 were too limited. To […]
Court of Appeals Answers FAQ Concerning Auto Repossession and Bankruptcy
A familiar circumstance in consumer bankruptcies is that a borrower becomes delinquent on an automobile loan and fails to address the situation – until the automobile is repossessed. The consumer then seeks bankruptcy representation, and then seeks (usually through counsel) the return of the vehicle.
Credit and Collections: Collect Smarter, Not Harder
As the economy has continued to grow steadily, the Great Recession of 2008 has become a distant memory. As a result, people have been taking on credit and debt again in droves. Inevitably, this credit expansion leads to individuals defaulting on payments, ignoring collection calls and possibly filing bankruptcy – a frustration with which […]
Court Holds Non-Collusive Sheriff’s Sale Not a Preferential Transfer
In an Opinion dated July 19, 2018, the Third Circuit Court of Appeals held that a transfer of property pursuant to a non-collusive sheriff’s sale is not a preferential transfer under Section 547 of the Bankruptcy Code.
New Bankruptcy Rules in Effect on December 1
Beginning December 1, 2017, several important changes to the Federal Rules of Bankruptcy Procedure go into effect. There are significant modifications to the organization and wording of a number of Rules, but the most salient issues for creditors in the Eastern District of Pennsylvania are the new deadlines for filing proofs of claim and the […]
Courts Continue to Award Damages for Stay Violations
I recently reported on the Third Circuit Court of Appeals’ decision in In re Lansaw, in which the Court upheld the imposition of sanctions, including the award of emotional distress damages, for violations of the automatic stay.