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The opportunity for summary judgment (either partial or complete) is one of the great benefits of the federal rules, and one of the strongest reasons for parties in state court actions to remove...

For a business to bring itself through a bankruptcy and end up as a reorganized debtor with a confirmed plan of reorganization is a great achievement. Confirmation can only be accomplished with...

A mortgage holder is entitled to an order appointing a rent receiver to collect rents (as that term is defined in the loan documents) and maintain the mortgaged premises in the event of a borrower’s...

The Truth in Lending Act, arguable the nation’s most powerful Consumer Protection Act, and the New Jersey Consumer Fraud Act, give homeowners the means to fight back against a predatory lender. These...

The moment a bankruptcy petition is filed, an event known as the Automatic Stay is triggered and the bankrupt debtor is protected from continued collection activities[i]. The Automatic Stay...

A primary relief of filing for bankruptcy protection is to obtain the benefit of the Automatic Stay. The Automatic Stay keeps creditors at bay while the bankruptcy case is administered. It prevents a...

Not all debts go away in a bankruptcy. Certain types of debt are nondischargeable. Potentially nondischargeable debts, those for money, property, services, or an extension, renewal, or refinancing of...

Any small business owner knows the importance and difficulty in obtaining credit. Whether the need for financing is to purchase real estate, inventory, or to obtain terms with vendor, the small...

Under the Bankruptcy Code, debtors and bankruptcy trustees are authorized to assume or reject executory contracts and unexpired leases in bankruptcy. The legislature, in drafting Section 365 of the...

At first one would think this question is simply no. However, legal questions are rarely so easily answered. Lawyers are a crafty bunch. 

Official unsecured creditor committees are provided for by 11...