Mortgage Contingency Clauses
For those looking forward to the bankruptcy column regularly appearing in these pages, not to worry: Bankruptcy will return. Due to increasing... Read More
With the rise of app-based ride services such as Lyft and Uber, many taxi medallion owners have seen dramatic declines in their... Read More
Can A Debt Really Survive Bankruptcy?
As explained last week, there are two primary exceptions where an individual who fi les for bankruptcy (i.e., a debtor), will not... Read More
I Am A Creditor. Does This Mean I Lose?
While our prior articles have focused on debtors’ rights in bankruptcy, this week we will shift focus to creditors. I am frequently... Read More
Is The Automatic Stay Really Automatic?
The automatic stay is unquestionably the most powerful tool of bankruptcy. In plain English, it means that the instant your bankruptcy petition... Read More
Vesting of Marital Property Determines the Scope of the Bankruptcy Estate
Creditors seeking to foreclose in state court on their real property liens frequently find their efforts frustrated by serial bankruptcy filers attempting... Read More
Evans v. Otimo: Revisiting Issue Preclusion in the Second Circuit
Creditors contemplating an objection to discharge proceeding pursuant to Bankruptcy Code § 523(a)(2)(A)’s fraud provision often think that a judgment in a... Read More