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By: Laura Day DelCotto I learn something new every day, so it keeps this life fun. Somehow, I don’t remember ever specifically focusing on 11 USC §511 in all these years of confirming plans. With interest rates moving so often this year (and in the wrong direction...
By: Laura Day DelCotto The WSJ headline about the recent USA Gymnastics’ filing is spot on. At first blush, when anyone with multiple lawsuits files bankruptcy, there seems to be a rush to judgment that the debtor is seeking to evade and avoid litigants. The filing...
Whether it be from job loss, divorce, medical issues or the death of a spouse, many American homeowners may find they are unable to debt service their monthly mortgage payment. The good news is most lenders offer a variety of options to address financial hardship...
By: Laura Day DelCotto Stanley Druckenmiller has been widely quoted recently for his predictions at the NYC Grant’s Investment Conference of looming insolvencies and bankruptcies to be filed by any number of zombie companies: “Seriously, does anyone know why Sears is...
By: Laura Day DelCotto The vast majority of Chapter 11 bankruptcy filings are by businesses: LLCs, closely held corporations, and large public company filings. We read about them almost daily in the news. This is how we have come to mostly think about Chapter 11 in...
For many couples facing a potential divorce, dealing with marital debt and property settlement arrangements can be overwhelming. Financial issues frequently cause divorce. Rather than assigning liability to your various marital debts, it may be simpler to file a...
By: Laura Day DelCotto The Sixth Circuit Court of Appeals has certified the following question of law to the Kentucky Supreme Court: “Whether Seven Counties Services, Inc.’s participation as a department in and its contributions to the Kentucky Employees Retirement...
By: Laura Day DelCotto The American Hospital Association recently reported some statistics that we observe in our practice here in Kentucky. Nationwide, hospitals have been closing at the rate of about 30 per year. Bankruptcy tracking statistics mirror the AHA...
By: Jamie Harris When most individuals find themselves drowning in debt, one of the first options they may consider is personal bankruptcy relief. However, bankruptcy is not always the best option. Individuals may lose significant property in bankruptcy or not be...
By: Dean Langdon Recoupment allows one party (Party A) to a contract to keep payments that are due to the other party (Party B) when Party B owes money to Party A at the same time. There must be an over-payment by one party, and the competing claims must arise from a...
