Archive for the ‘Bankruptcy and Debt Restructuring’ Category

Interest rates continue to rise, and individuals and businesses grappling with substantial credit card and unsecured debt find themselves navigating treacherous financial waters. Traditionally, debt consolidation programs have offered an alternative to bankruptcy by combining multiple debts into a single, manageable payment. However, as interest rates reach unprecedented highs, the once-reliable lifeboat of debt consolidation is increasingly becoming a sinking ship. As an experienced bankruptcy attorney, I’m now witnessing a shift in the financial dynamics that make bankruptcy a more viable option for those drowning in debt. Here are a few reasons why bankruptcy continues to gain prominence over debt… read more »

Driving Under the Influence (DUI) not only jeopardizes your life and the lives and safety of others – it’s also a financial nightmare with ruinous consequences. Court fees, costs and restitution are higher than you might think – not to mention potentially enormous damages demanded by victims for property damage and personal injury.  When you factor in the potential loss of your driver’s license or employment, the picture of financial devastation becomes very clear. As part of my bankruptcy practice, I help people get a fresh start from debt. Most of the time, these debts involve situations outside of my… read more »

Bankruptcy is often surrounded by myths and misconceptions that cloud people’s understanding of this legal process. It is essential to separate fact from fiction to make informed decisions about financial matters. In this article, we aim to debunk the top five most common bankruptcy myths and provide accurate information to help individuals better understand the process. Fact: Bankruptcy laws include exemptions that protect certain assets from liquidation. These exemptions vary by jurisdiction but typically cover essential items such as your home, vehicle, clothing, and necessary household goods. Most individuals who file for bankruptcy can retain their essential assets while finding… read more »

Divorce is often accompanied by emotional and financial turmoil, with disputes over debt being a common source of contention between spouses. However, in certain situations, filing for bankruptcy can alleviate the burden of debt-related conflicts and make the divorce process less contested and easier. This article explores how bankruptcy can simplify divorce cases by removing the need to fight over debt. 1. Debt Discharge: Filing for bankruptcy allows individuals to discharge or eliminate certain types of debt, depending on the bankruptcy chapter chosen (such as Chapter 7 or Chapter 13). Discharging debts can significantly impact a divorce case by eliminating… read more »

By Attorney Brent C. Diefenderfer Seeking help from a bankruptcy attorney early in your financial struggles can significantly impact the outcome of your bankruptcy case. An early consultation allows for a more strategic approach to your bankruptcy filing by providing ample time to plan and prepare. Here are a few examples highlighting the benefits of early assistance: 1. Preserving Assets and Maximizing Exemptions: When you consult a bankruptcy attorney in advance, they can guide you on protecting your assets within the confines of bankruptcy laws. By strategically planning asset transfers and utilizing exemptions, you can safeguard your property while obtaining… read more »

Attorney Larry Young, Shareholder, and Chair of CGA Law Firm’s Bankruptcy Practice Group, has been honored by Best Lawyers® with the 2024 “Lawyer of the Year” award for his work in Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law in the Harrisburg area. Larry will be featured in the 30th edition of The Best Lawyers in America® for this prestigious achievement. As one of the country’s oldest and most respected peer-review attorney guides, The Best Lawyers in America® complies its list by conducting peer-review interviews. Lawyers must earn inclusion each year. Only a single lawyer in each practice area and community is honored with the annual… read more »

Much about bankruptcy law is counterintuitive and often misinterpreted. For example, the benefits of a bankruptcy filing, such as the improvement of credit scores, protection of assets, tax-free debt forgiveness, and the broad ability to qualify for Bankruptcy are often surprising to our clients. When a property is purchased through a Bankruptcy proceeding, it comes with a Federal Court Order declaring the property is free and clear of any liens, encumbrances, or other interests. It provides an added layer of title protection. The order ensures that no potential debts or interests existing before settlement could ever be enforced against the… read more »

*DISCLAIMER: This article is intended to share factual information and is not intended to reflect the author’s or CGA Law Firm’s stance or opinion on Student Loan Relief. This information is not intended to be a substitute for professional legal advice and does not create an attorney-client relationship. You should only accept legal advice from a licensed attorney with whom you have an attorney-client relationship.             On Wednesday, August 24, 2022, President Biden announced another step in his student loan forgiveness plan wherein qualified borrowers will see $10,000 to $20,000 in student loan debt cancellation. Whether… read more »

The jury issued its verdict yesterday in the Virginia defamation lawsuit between Johnny Depp and his ex-wife Amber Heard. After three weeks of trial, the jury concluded that Ms. Heard’s statements were defamatory. Yesterday’s verdict has left many people asking whether damages awarded in a defamation case are dischargeable in bankruptcy.  Ordinarily, when a person files bankruptcy and receives a discharge, this means that the bankrupt party’s debts are eliminated and do not need to be repaid. Dischargeability depends upon what else the jury concludes. The Bankruptcy Code says that debts based on liability “for willful and malicious injury by… read more »

There is something new and exciting in the world of Bankruptcy which gives small businesses in financial distress a chance to reorganize and continue operating, rather than shutting the doors. In 2019, the Small Business Reorganization Act (SBRA) was passed and went into effect in early 2020, with impeccable timing – just prior to the pandemic. Under the SBRA, Congress created a more affordable, less burdensome option under Chapter 11 of the Bankruptcy Code for small businesses called the Subchapter V Bankruptcy. Under a Subchapter V Bankruptcy, the small business Debtor, after presenting financial documents to the Court, can pay… read more »