Bankruptcy Blog

Does A Judgment Creditor Have Lien On Fraudulently Transferred Property?

Litigation SECTION: FLP BLOGDOES A JUDGMENT CREDITOR HAVE LIEN ON FRAUDULENTLY TRANSFERRED PROPERTY AFTER THE JUDGMENT DEBTOR FILES BANKRUPTCY? INTRODUCTION As part of enforcing a judgment, many judgment creditors place liens on the judgment debtor’s real and personal property through abstracts of judgment recorded with county recorders offices, notices of judgment lien filed with the [...]
Chapter 11

Beware the Third Party Release in Chapter 11!

SECTION: FLP NEWSBeware the Third Party Release in Chapter 11! Until the Supreme Court weighs in, the permissibility of third party releases may depend on the scope of the release, the adequacy of the consideration, and the circuit in which the Chapter 11 bankruptcy case is pending. MARC A. LIEBERMAN, ESQ | 7.22.2022 Can a corporation’s [...]
Bankruptcy Chapter 13

A Second Bite at the Apple: When a Debtor Can Obtain a Discharge in a Chapter 13 Case Even After Her Discharge is Denied or Revoked in an Earlier Chapter 7 Case

A debtor whose discharged is denied or revoked in a Chapter 7 case cannot discharge in a later Chapter 7 case claims incurred before the prior case. 11 U.S.C. §523(a)(10). However, for individuals who qualify for Chapter 13, the denial or revocation of discharge in an earlier Chapter 7 case might not preclude the granting of a so-called “super-discharge” in a later-filed Chapter …