Heston & Heston
Bankruptcy Newsletter
Contractual Rights
 
The Bankruptcy Code protects the exercise of certain contractual rights by a party to a ''securities contract'' with the debtor to liquidate securities contracts from stays, avoidance and other limitations. The term ''securities contract'' includes contracts for the purchase and sale of securities, options, securities lending agreements, transactions involving certificates of deposit, securities indexes and exchange-traded foreign currency options, and settlement arrangements between securities clearing agencies and their participant members.More...
 
Introduction to Chapter 9 "Municipality" Bankruptcy
 
Some individuals, companies, or businesses consider filing for bankruptcy, usually as a last resort, when they are unable to pay their debts. About 1.5 million Americans filed for bankruptcy in 2002. That same year, nearly 40,000 businesses in the United States sought the protection of the bankruptcy laws in 2002. More...
 
Use, Sale, or Lease of Property
 
The Bankruptcy Code governs the use, sale, or lease of property in bankruptcy. The trustee may use, sell, or lease the property of the estate other than in the ordinary course of business only after notice and a hearing. If the business of the debtor is authorized to be operated under Chapter 7, Chapter 11, Chapter 12, or Chapter 13, the trustee or debtor-in-possession may, without notice or hearing, use, sell, or lease property of the estate in the ordinary course of business. More...
 
Chapter 13 and the Divorced or Separated Debtor
 
Chapter 13 can help to cushion the financial impact of separation or divorce for one or both of the spouses. When payments on unsecured debts are no longer affordable, they may be stretched out and sometimes partially or even fully discharged.More...
 
Dischargeability of Taxes in Bankruptcy
 
Debtors may be able to discharge some or all of their older income tax obligations in bankruptcy. Dischargeability of these taxes turns on the question whether or not they are "priority" claims. Tax obligations that are non-priority are dischargeable. More...
 
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