Bankruptcy

This is FindLaw’s collection of Bankruptcy articles, part of the Finance section of the Corporate Counsel Center. Bankruptcy law is federal statutory law contained in Title 11 of the United States Code. Congress passed the Bankruptcy Code under its constitutional grant of authority to "establish… uniform laws on the subject of Bankruptcy throughout the United States." Bankruptcy proceedings are supervised by and litigated in the United States Bankruptcy Courts. Find information about bankruptcy laws, including answers to some of the most frequently asked questions. Law articles in this archive are predominantly written by lawyers for a professional audience seeking business solutions to legal issues. Start your free research with FindLaw.

Finance

Bankruptcy Articles

Credibility Is The Key To E-Commerce Success

The SAXLAW Report Spring/Summer 1999 If a company's Internet presence can be used as a bond to build trust between clients or customers, they'll have a thriving electronic business. But how to go about achieving that is a little more complex. The ...
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Credit Card Processing During Bankruptcy: Forewarned is Forearmed

It is often suggested that the success of a chapter 11 bankruptcy proceeding has more to do with the events and circumstances leading up to the bankruptcy filing than the post-petition conduct of the debtor, its creditors or the other parties in ...
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Criminal Consequences Of Concealing Assets in Bankruptcy

Clients often have misconceptions when it comes to "pre-bankruptcy planning". For example, a client advised that her Florida Condo is property of the bankruptcy estate, responded, "But who will know?" A client who learned he could only retain $7,500 ...
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Current Status of Bankruptcy Law and Proposed Changes

There has been a steady increase in the number of personal bankruptcy filed over the last few years. Studies reveal that close to 1.5 million personal bankruptcies are now being filed annually. There are various factors that have contributed to the ...
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Does Asset Protection Really Work?

While the efficacy of asset protection trusts has been questioned, they can protect the bulk of the trust's assets from creditors, even when challenged. The word "work" is defined by reference to where a particular APP client would have landed had ...
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Does The New Value Exception Still Exist

The Bankruptcy Code maintains a delicate balance between a debtor's right to reorganize and the rights of creditors to be paid. The Code sets forth the "pecking order" of priority regarding how claims are to be paid. Secured claims are paid first ...
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Easing the Compliance Burden of the New Form 8-K Requirements

Public companies are now dealing with the issues posed by the SEC's groundbreaking new Form 8-K requirements that went into effect August 23, 2004. Designed to further real-time disclosure of material changes to companies' finances and operations ...
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Effect of Assumption, Rejection or Non-Rejection of Collective Bargaining Agreements in Bankruptcy

1999 National CLE Conference Sponsored by Law Education Institute, Inc. 1. In a trilogy of decisions arising out of the Chapter 11 bankruptcy cases of Eastern Airlines, Inc. (Eastern) and Continental Airlines, Inc. (Continental), the Court of ...
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Excerpts From: NBI Advanced Real Estate Law Seminar: April 1, 1998

Creditor dissatisfaction with bankruptcy is again peaking as the number of consumer bankruptcy filings is on an upswing. As a result, creditor-sponsored bills pending in Congress attempt to restrict the use of straight bankruptcy for "higher ...
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Exclusion in Bankruptcy of Qualified Retirement Plans in Illinois

With the addition of Section 12-1006(c) to the Illinois Code of Civil Procedure, the legislature created a conclusive presumption that retirement plans qualified under Internal Revenue Code of 1986 are spendthrift trusts. As a result, the author ...
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