Stein, Sonnenschein, Hochman & Peppler
Bankruptcy Newsletter
Contested Matters
 
Whenever there is an actual dispute, other than an adversary proceeding, before the bankruptcy court, the litigation to resolve that dispute is a contested matter. For example, the filing of an objection to a proof of claim, to a claim of exemption, or to a disclosure statement creates a dispute that is a contested matter. Even when an objection is not formally required, there may be a dispute. If a party in interest opposes the amount of compensation sought by a professional, there is a dispute that is a contested matter.More...
 
Bankruptcy Crimes
 
Bankruptcy crimes exist to protect the goals of civil bankruptcy, which is a fresh start for consumers, the reorganization of businesses, and the equitable distribution of a debtor's assets amongst creditors. Almost every bankruptcy crime is preceded by a prior civil bankruptcy case. Consequently, courts have had to organize the coordination of several cases arising out of one bankruptcy. More...
 
Allowances and Objections to Creditor Claims
 
A claim or interest is allowed unless a party in interest, including a creditor of a general partner in a partnership that is a debtor in a case under Chapter 7, objects. More...
 
Discharge of Indebtedness
 
Discharge of indebtedness is the process by which a Chapter 7 debtor eliminates a debt during bankruptcy proceedings. A creditor or lender cannot collect a debt that has been discharged. More...
 
Effect of Chapter 11 Confirmation
 
The provisions of a confirmed plan bind the debtor; any entity issuing securities or acquiring property under the plan; and any creditor of, equity security holder of, or general partner in, the debtor. Except as may be otherwise provided in the plan or in the order approving the plan, confirmation of the plan vests all of the property of the estate in the debtor. Except as otherwise provided in the plan or in the order confirming the plan, property dealt with by the plan is free and clear of all claims and interests of creditors, equity security holders, and general partners.More...
 
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