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Reaffirmation Agreements and Discharge Hearings

Bankruptcy Code subsections 524(c) and (d) prohibit the enforcement of the reaffirmation of a discharged debt unless specific requirements have been met, and if an agreement to pay a discharged or dischargeable debt does not meet the requirements of subsections (c) and (d), it is without legal effect...

Remedies for Violation of the Automatic Stay

Collier’s Expert Commentary on Remedies for Violation of the Automatic Stay covers whether a violation of the automatic stay in bankruptcy is void or voidable, the annulment of automatic stays, the punishment for violation of a stay by contempt of court sanctions, and the payment of damages, costs...

The Effect of Fraud on Exemption Rights

Varieties of Fraud Fraud and its effect upon exemptions assume many shapes and forms. Frequently, the alleged fraudulent conduct occurred before the initiation of the case, such as false statements made to obtain credit, acquisition of property by questionable methods, business misleadingly done...

Priority Status for Wages Earned within 180 Days before Filing the Petition

A fourth priority is available under Bankruptcy Code section 507(a)(4) for allowed unsecured claims for wages, salaries and commissions, including vacation, severance and sick leave pay earned by an individual. It is also available for sales commissions earned by an individual, or a corporation with...

Administrative Expense Priority of Certain Wages, Salaries and Commissions

Bankruptcy Code section 503(b)(1)(A) makes clear that among the actual necessary costs and expenses of preserving an estate are wages, salaries or commissions for services rendered after the commencement of the case. The Different Priority Accorded Postpetition and Prepetition Wages . The distinction...