A motion for summary judgment is a tool for a party in litigation to use for winning and ending the lawsuit. When no facts are in dispute, there isn’t a need for a trial because the court can consider both sides’ positions based upon papers, affidavits and documents, and other items that are part of […]
Yes, it’s a requirement of the Bankruptcy Code. If you want to keep your car loan, you’ll need to agree to reaffirm that particular debt. Even though you’re going to receive a discharge of your debts in Chapter 7, if you fail to make car loan payments then the secured creditor holding that reaffirmed debt […]
In a Chapter 13 bankruptcy, a key part of the process is a plan which the debtor and the debtor’s attorney file with the Bankruptcy Court. This plan explains how the classes of creditors are going to be paid. The rules for Chapter 13 plans are quite rigid with the statute stipulating how the debtor […]
Chapter 7 provides the greatest possible relief from dischargeable unsecured claims (credit cards, mortgage deficiencies, medical bills, etc.). The debtor keeps exempt property and the case is closed after about four or five months. This makes a Chapter 7 Bankruptcy a very desirable remedy. Sometimes, though, a Chapter 13 Bankruptcy is an alternative that can’t […]
A Ponzi scheme is a criminal activity where someone who buys and sells investments – collects money in exchange for promising an enormous return. The Ponzi criminal then pays the first people investing in the scheme with the money that the last people invested. The scheme is criminal and fraudulent because there’s really no investment, […]
The short answer to that question is definitely “No!”. Don’t do that because it would be considered a transfer with the intent to defraud, hinder, or delay your creditors, if done approximately within a year before bankruptcy. And, if you do make such a transfer, the court will deny you a discharge if the trustee […]
The short answer to that question is: yes, the trustee can indeed sell property owned jointly. The trustee has the power, under the Bankruptcy Code, to sell property free and clear of the interest of a co-owner in that property. As long as the trustee turns the net proceeds in that property over to the […]
In modern commercial practice, many entities are limited liability companies. These are entities that have some of the qualifications of a corporation and some characteristics of a partnership, but in Maryland at least if a person gets a judgment against someone that’s a member of a limited liability company, that person can’t just seize that […]
An individual is served if the papers are delivered to somebody of adult age in the household that’s their last known address. The idea behind service is that it shouldn’t be a game to see if a person needs to place the papers directly into the hands of the defendant. The real question is: will […]
A Ponzi scheme is a criminal activity where someone who’s involved in buying and selling investments collects money promising an enormous return and then pays the first people in with the money that the last people invested. The scheme ultimately collapses because there is no real investment and the returns that are being promised are […]
