Treatment of Post-Petition Expenses in Bankruptcy
Oct 07, 2013
By: Kelly A. Karstaedt, Esq.
When a company enters into Chapter 11 bankruptcy, the purpose is to reorganize the business so it can manage existing debts and hopefully come out a healthier business. B...
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Protecting Tenants at Foreclosure Act
Sep 03, 2013
Given the current real estate market, a real concern among renters is what will happen to them if their landlord stops paying the mortgage and a foreclosure action is filed. In 2009, a new law was enac...
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Untimely Proofs of Claim Filed in a Bankruptcy Action
Aug 06, 2013
When a debtor files a bankruptcy action, creditors may or may not have the opportunity to file a proof of claim evidencing the amount owed to the creditor on the date the bankruptcy action was filed. T...
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Collectability of Condominium Assessments Pre- and Post-Petition in Bankruptcy
Jul 25, 2013
By: Kelly A. Karstaedt, Esq.
It is common knowledge that when a company or individual files for bankruptcy, all collection activity stops. What is commonly not known is that condominium assessments a...
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Five Tricks to Finding and Executing on Hidden Assets
Jul 03, 2013
So you finally, after months or years of litigation, obtained a massive judgment for your client. You sent written discovery, compelled return of the fact information sheet and even deposed the defenda...
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Bankruptcy Treatment of a Security Interest in an Insurance Policy
Jun 04, 2013
By: Kelly A. Karstaedt, Esq.
It is common knowledge that when a person or business files for bankruptcy, the end result is typically a discharge of debts. The bankruptcy debtor will no longer be pers...
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Considerations for Filing Multiple Bankruptcy Actions or Re-filing a Bankruptcy Action after Dismiss
May 06, 2013
There are numerous provisions built into the Bankruptcy Code which restrain a debtor from abusing the system by filing for bankruptcy over and over again. This includes periods of time in which filing ...
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Can a Private Creditor Garnish the IRS for an Income Tax Refund?
Apr 19, 2013
By: Kelly A. Karstaedt, Esq.
Isnt tax season a wonderful time for creditors seeking to collect on a judgment? A time when all that money flowing from the federal government to debtors could go straig...
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The Governmental Unit Exemption to the Automatic Bankruptcy Stay Extends to a Final Judgment for Att
Feb 04, 2013
In every bankruptcy action that is filed, a stay of any collection-type activities automatically comes into place for the duration of the pending action. However, there are certain proceedings that are...
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Compliance with New Florida Rule of Judicial Administration 2.516: E-mail Service
Jan 07, 2013
A new rule set forth by the Florida Supreme Court last year altered the manner in which attorneys have been serving court papers by requiring service by electronic mail, or e-mail. Although the rule i...
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