楊清泉-WHAT-IS-HOUSEHOLD-SIZE-IN-BANKRUPTCY-Part-1
Does the size of the debtor’s household matter in his bankruptcy? Indeed, it does. The bigger the si...
楊清泉-DOES-DEBTOR-S-DEATH-AFFECT-BANKRUPTCY-PART-2
The bankruptcy court granted the UST’s motion to dismiss. “Rules 1016 and 1017(f) do not permit the ...
楊清泉-DOES-DEBTOR-S-DEATH-AFFECT-BANKRUPTCY-PART-1
Let’s say you file a bankruptcy today, then, two weeks from now, you die. What happens to your bankr...
楊清泉-VALIDATION-OF-DEBT-LETTERS-SENT-AFTER-BANKRUPTCY-DISCHARGE-PART-2
The only issues were whether the letters were attempts to collect the discharged debt, and, if so, w...
楊清泉-VALIDATION-OF-DEBT-LETTERS-SENT-AFTER-BANKRUPTCY-DISCHARGE-PART-1
Once a discharge order is entered in a debtor’s bankruptcy, creditors are prohibited from pursuing f...
楊清泉-PURGING-TAINT-OF-EVE-OF-BANKRUPTCY-CAR-PURCHASE-PART-2
The court sustained the trustee’s objection and told the debtors they could confirm a plan only if t...
楊清泉-PURGING-TAINT-OF-EVE-OF-BANKRUPTCY-CAR-PURCHASE-PART-1
Let’s say you have 2 old cars, a 1995 Camry, and a 1990 Taurus. You have $100,000 of credit card deb...
REAL-ESTATE-VALUE-MUST-FACTOR-IN-DISTRESSED-SALES
The court added that the appraisal reports presented in this case did not evidence the superiority o...
REAL-ESTATE-VALUE-MUST-FACTOR-IN-DISTRESSED-SALES
The fair market value of the residence has now become a hot topic issue because of the stripping of ...
楊清泉-KEEPING-LAWSUIT-SETTLEMENT-PROCEEDS-NOT-BREACH-OF-FIDUCIARY-DUTY-PART-2
The 8th Circuit Bankruptcy Appellate Panel reversed, finding that the Arkansas statue did not create...
楊清泉-KEEPING-LAWSUIT-SETTLEMENT-PROCEEDS-NOT-BREACH-OF-FIDUCIARY-DUTY-PART-1
Under bankruptcy law proceeds obtained by fraud or defalcation while acting in a fiduciary capacity,...
楊清泉-CHAPTER-13-DEBTORS-MAY-TAKE-SIXTY-MONTHS-TO-FULLY-REPAY-UNSECURED-DEBTS-2
The court noted that the changes made by the new bankruptcy law eliminated the 36 month plan for abo...
楊清泉-CHAPTER-13-DEBTORS-MAY-TAKE-SIXTY-MONTHS-TO-FULLY-REPAY-UNSECURED-DEBTS-1
Let’s assume that you are an above median debtor. You are a single person who makes $60,000 annually...
楊清泉律師專欄-破產法第13章可以偏袒共同債務人嗎
共同債務人是與債務人一樣負有相同的法律責任。例如：你從某某銀行借50萬美元，你的父親簽署了一份擔保檔，他保證這$50,000 的貸款等，如果你不支付的話，他將支付。你用這筆錢購買餐廳但失敗了。當你申請...
楊清泉律師-CAN-CHAPTER-13-PLAN-FAVOR-CODEBTOR-CLAIMS-PART-2
“…we conclude that the trustee’s appeal here must fail. The record reflects that the trustee only ob...
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