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Law Offices of David W. Langley

Bankruptcy and Business Law

We can strip off underwater second mortgages in Chapter 13. Call us for more information.
Mortgage modifications can now be requested in Chapter 13 in the MMM program. Call us for information.

WhatsNew

The US Supreme Court Rulings

In 2017 the Supreme Court decided Czyzewski v. Jevic Holding Corporation. The Supreme Court held that when a bankruptcy court orders a Chapter 11 case dismissed, it can’t also order the distribution of the debtor’s assets in a way that contradicts the order of payment in a bankruptcy liquidation. This was a creative way to avoid the “absolute priority rule,” which has caused problems for many individual Chapter 11s.

The Supreme Court issued some significant rulings in 2013.

Voting Rights Act. The Supreme Court struck down a key part of the Voting Rights Act of 1965 — the map that determines which states must get federal permission before they change their voting laws. Civil rights activists called the decision devastating. Read more.

Defense of Marriage Act. The Supreme Court struck down the heart of the Defense of Marriage Act, the 1996 federal law that prohibits married same-sex couples from receiving federal benefits. Read more.

Read more on our Blog. Let us know if we can help you with your financial issues.

RecentEvents

The Local Bankruptcy Scene

In the Southern District of Florida, our firm has seen an increase in the efforts of the local Trustees to recover money from Chapter 7 debtors. An individual is entitled to certain exemptions of personal and real property in a bankruptcy action. Property that is not exempt can be taken by the Trustee. Historically, if an individual was over their exemption limit by a small amount the Trustee would take no action. However, our firm has observed an increase in the willingness of the trustees to pursue non-exempt assets. We have seen greater scrutiny of values placed on furniture. Most trustees now use NADA retail value for an automobile and will no longer accept a trade-in value. If you are considering filing for bankruptcy protection, it is imperative to consult with a bankruptcy attorney who can explain your options and offer pre-bankruptcy planning to avoid these common pitfalls..

Many Doctors Must Now Seek Bankruptcy Protection

flalawyer, May 24, 2013

See the informative article on CNN Money on Doctors filing for bankruptcy. http://money.cnn.com/2013/04/08/smallbusiness/doctors-bankruptcy/index.html.