Articles Tagged with Bankruptcy judges

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Bankruptcy Lawyer Bryan W. Stone answers the question: “What are my alternatives to bankruptcy?”

It’s an issue that almost no one pays attention to until you need it: the smooth functioning of the bankruptcy system. Though it seldom grabs headlines, it’s important nonetheless. Recent reports reveal that a number of bankruptcy judgeships are in danger of being eliminated, something that could wreak havoc across the country as a limited number of judges are forced to contend with a massive amount of complicated bankruptcy cases.

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Charlotte Bankruptcy Lawyer Bryan W. Stone of Arnold & Smith, PLLC answers the question “Do I need an attorney to file bankruptcy?”

Bankruptcy attorneys and experts are cheering a recent decision by the United States Supreme Court that clarifies the authority of bankruptcy courts to entertain non-bankruptcy claims that arise in the context of a debtor’s bankruptcy.

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Charlotte Bankruptcy Lawyer Bryan W. Stone of Arnold & Smith, PLLC answers the question “Do I need an attorney to file bankruptcy?”

Most judges—including bankruptcy judges—rely on lawyers at least in part to prepare orders and judgments. Lawyers drafting an order in a case involving a now-closed Miami-area fashion mall were recently sanctioned by a judge whose ire was provoked by the botched filing of the draft order.

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Charlotte Bankruptcy Lawyer Bryan W. Stone of Arnold & Smith, PLLC answers the question “Can I get rid of student loans by declaring bankruptcy?”

 

The Obama Administration unveiled on Tuesday what it dubbed a “Student Aid Bill of Rights.” Among the proposals the administration is considering is a push for legislation that could enable borrowers to discharge student-loan debt through personal bankruptcy.

President Obama meeting Charlotte Bankruptcy Lawyer North Carolina Student Debt AttorneyCurrently student-loan debt can be discharged in bankruptcy, it’s just really hard to do.

According to the Wall Street Journal, at least 713 people tried to discharge their student-loan debt last year. The Journal knows that because in order to discharge student-loan debt, a debtor has to file a lawsuit. Lawyers taking on a student-loan discharge attempts “typically charge several thousands [of] dollars” up front for an uncertain result, according to the Journal.

In order to succeed at getting student-loan debt discharged, a lawyer must convince a judge that the debtor will never be able to afford one’s monthly payments. Bankruptcy lawyers told the Journal that bankruptcy judges have issued a wide range of rulings in student-loan debt discharge actions, muddying the legal landscape with uncertainty.

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Charlotte Bankruptcy Lawyer Bryan W. Stone of Arnold & Smith, PLLC answers the question “Do I need an attorney to file bankruptcy?”

 

A long-dead Playboy playmate has come back to haunt the United States Supreme Court, and soon she may be haunting a bankruptcy judge near you.

Anna Nicole Mecklenburg Bankruptcy Lawyer Charlotte Debt AttorneyIn 2011, the Supreme Court ruled in a case involving former playmate Anna Nicole Smith that bankruptcy judges only have the power to make final rulings on issues that stem from the bankruptcy itself. Before that, bankruptcy courts considered only “core” bankruptcy matters, while federal district courts heard “non-core” bankruptcy matters. That division of labor had been prescribed by Congress.

Smith—whose real name was Vickie Lynn Hogan Marshall—died in 2007, but before she did, she married oil tycoon J. Howard Marshall. At the time of their marriage in 1994, Marshall was 89-years old; Smith was only 26. Their marriage lasted until Marshall’s death in August 1995.

Marshall’s will left his estate to a trust; both Smith and Marshall’s eldest son petitioned to have Marshall’s will overturned. Their legal fight continued even after both Smith and Marshall’s eldest son died. Ultimately the Supreme Court ended Smith’s claim to Marshall’s millions, but the larger ramifications of the high court’s decision in Stern v. Marshall continue to reverberate.

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