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If your company has been served with a lawsuit asserting preference claims, you will need to file an answer or other responsive pleading on or before the deadline asserted in the summons. To properly evaluate defenses, you will need to locate and identify the checks,...
By: Dean A. Langdon A hallmark of bankruptcy is the ability of a trustee to recover fraudulent transfers from third parties. Fraudulent transfers include transferring property without being paid for it, transferring property for less than its worth, and making...
If you or your company is facing a sizable lawsuit, then you may be considering various bankruptcy options. First, if a judgment has already been entered, you will need to decide if you plan on appealing the judgment or not. For many, an appeal means posting a bond...
If you are in a floundering commercial partnership, there may come a time where bankruptcy is the only solution. There are several types of bankruptcies that you can file depending on your situation. This blog post will give an overview of options available for your...
By: Laura Day DelCotto Times have changed. In the past, troubled companies often had some limited unencumbered assets to pay unsecured creditors. “Unencumbered assets” means cash, litigation claims, tangible and intangible assets that did not have liens on them. Times...
Attorney Dean Langdon was selected by his peers for the 28th Edition of The Best Lawyers in America© in the practice areas of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law and Litigation – Bankruptcy, for Lexington, Kentucky. For the 28th...
Laura Day DelCotto, founding member of Gartland Thacker DelCotto PLLC, with offices in Lexington, Danville, Kentucky, was selected by her peers for the 28th Edition of The Best Lawyers in America ©. She was selected in the areas of Bankruptcy and Creditor Debtor...
By: Dean A. Langdon Chapter 13 bankruptcy (in or outside of Kentucky) is meant to offer debtors the opportunity to keep property they might lose in a Chapter 7 bankruptcy by paying their creditors over 3 to 5 years. The trade-off is turning over all “projected...
A consumer in Lexington, Kentucky, can choose from several types of bankruptcy when he or she feels he or she can no longer manage his or her debt. Bankruptcy allows consumers to discharge certain types of secured debt. A common option for businesses owners and...
By: Laura Day DelCotto It is most commonly understood that “student loans are not dischargeable” when a debtor files bankruptcy such as chapter 7. This has been the general rule for quite some time. Trying to discharge a student loan obligation under the “undue...
