bankruptcy case

Arbitration and Bankruptcy

Published on: August 23, 2017 | Matthew R. Arnold, Esq.

Bankruptcy Lawyer Bryan W. Stone answers the question: “Are my 401k and IRA protected in bankruptcy?”

Normally, arbitration comes up in the context of personal injury cases. A good example is one of the most common instances of arbitration language, which is in nursing home admittance paperwork. The nursing homes include language requiring arbitration, which shields the nursing home from the public, lengthy, expensive and uncertain courtroom litigation process and instead allows them much greater control by requiring all potential plaintiffs to bring their disputes before an arbitrator. This has come under attack in recent years, as many argue that arbitration clauses, especially arbitration clauses that restrict consumers, are unfair.

Gift Cards and Bankruptcy

Published on: December 22, 2016 | Matthew R. Arnold, Esq.

Bankruptcy Lawyer Bryan W. Stone answers the question: “Can I get credit after filing personal bankruptcy?”

Those following business headlines have likely seen news of how hard hit brick-and-mortar retailers have been in recent years. Though consumers haven’t stopped spending, it does appear that their habits have changed, with far more dollars flowing through the internet than through traditional retail stores. This has led to a string of bankruptcies in the industry, including Aeropostale, RadioShack and American Apparel (which recently filed for the second time). Analysts say that in the coming month and years other big companies are expected to follow suit.

Luck of the Irish? U.S. Court Denies Turnover Request for Yahoo Account Linked to Infamous Irish Bankruptcy

Published on: December 20, 2016 | Matthew R. Arnold, Esq.

Bankruptcy Lawyer Bryan W. Stone answers the question: “What is a small business bankruptcy ?”

A cross-continental bankruptcy case recently cast some light on the ways in which representatives of non-citizen debtors can—and cannot—track down those who owe the debtors money.

Statutory Copyright Claims not a Penalty in Bankruptcy Case, Judge Rules

Published on: October 25, 2016 | Kyle A. Frost

Bankruptcy Lawyer Bryan W. Stone answers the question: “What are North Carolina’s exemptions?”

Charles Jones may have made his living reselling textbooks, but his resulting bankruptcy case is turning out to be anything but a textbook one.

Probation Department Chases Mother Into Bankruptcy Over Juvenile Detention Fees, Gets Scolding

Published on: September 8, 2016 | Kyle A. Frost

Bankruptcy Lawyer Bryan W. Stone answers the question: “Does Bankruptcy stop foreclosure?”

The Orange County probation department received a “scolding” this week from a federal court for hounding a California mother into bankruptcy and beyond to pay the $16,000 it said she owed them for incarcerating her son in a juvenile detention facility.

Are Allegations of Bad Faith Enough to Dismiss a Bankruptcy Case?

Published on: August 25, 2016 | Kyle A. Frost

Bankruptcy Lawyer Bryan W. Stone answers the question: “Will I lose my property if I file for bankruptcy?”

Are Allegations of Bad Faith Enough to Dismiss a Bankruptcy Case?

Was the Man Making Decisions on People’s Freedom a Fraud?

Published on: June 9, 2016 | Kyle A. Frost

Bankruptcy Lawyer Bryan W. Stone answers the question: “What is Chapter 7 Bankruptcy?”

While earning a salary of over $90,000 as chairman of the Illinois parole board four years ago, Adam Monreal signed numerous sworn documents in his personal bankruptcy proceeding reporting his annual salary as $38, 676.

Judge Says Recovery Action Against Former Charlotte Mayor May Proceed in the Case of the Bankrupt Buses

Published on: May 31, 2016 | Kyle A. Frost

Bankruptcy Lawyer Bryan W. Stone answers the question: “What is a small business bankruptcy ?”

Bus manufacturer DesignLine infamously relocated to Charlotte, North Carolina in 2006 from New Zealand and it has been a largely uphill drive for the company ever since.

Farmer Released From Prison For Bankruptcy Fraud; Double Murder Remains Unsolved

Published on: May 3, 2016 | Kyle A. Frost

Bankruptcy Lawyer Bryan W. Stone answers the question: “What is the means test?”

A Clinton County, Illinois farmer whose bankruptcy fraud case became intertwined with a double murder in 2007 was released from prison this April to a prison-sanctioned halfway house.

Trust assets not recoverable by trustee in bankruptcy, but language of trust the key

Published on: May 28, 2015 | Bryan W. Stone

Charlotte Bankruptcy Lawyer Bryan W. Stone of Arnold & Smith, PLLC answers the question “Are my 401k and IRA protected in bankruptcy?”

A District Court’s reversal of a bankruptcy court’s application of Section 548(e) of the Bankruptcy Code to a portion of trust assets has bankruptcy insiders breathing a sigh of relief. As Forbes reports, absent the reversal, bankruptcy trustees would have had broad authority to seek to set aside legitimate trust activities in order to seize trust funds for the benefit of creditors.