Is There Really Such a Thing as a “Standard” Bankruptcy?

Obviously, when you are the person contemplating the need for a personal Bankruptcy filing, there is nothing common, everyday or ‘standard’ about it.

But rest assured, tens of thousands of Americans file for personal bankruptcy protection every year. And in the vast majority of cases, those filings have the same basic underlying situations, follow many of the same filing patterns, and predominantly end with the same result.

Welcome to Standard Bankruptcy, the website that provides information about the options available for the filing of personal bankruptcy. Standard Bankruptcy covers personal bankruptcy only; nothing corporate here. Our articles outline the many different options available to individuals as they navigate the personal bankruptcy process. Standard Bankruptcy also provides the latest news about changes in federal Bankruptcy laws from each of the 90+ U.S. District Bankruptcy Courts.

We hope this information will help you through your personal financial challenge.

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Options for Dealing with Personal Bankruptcy

People Facing Bankruptcy Have OptionsThe average person who is facing a standard bankruptcy situation does have a number of options from which to choose.

Usually, there are three distinct choices that people can make to help them resolve significant financial problems:

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Bankruptcy Attorney Help vs. Self Help

If you’ve decided that filing for personal bankruptcy is the best option for your situation, the next choice in the process is how to proceed.

Do you need an attorney? Or can you manage a Bankruptcy filing on your own, representing yourself in court? Continue reading

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Is Filing for Personal Bankruptcy Right for You? Do You Need a Bankruptcy Attorney? Get a Free Evaluation!

If you are unable to manage your debts and are not sure you can handle a personal bankruptcy filing on your own, why not try a FREE NO RISK BANKRUPTCY CASE EVALUATION? Just answer a few very simple questions below and a licensed bankruptcy attorney will review the information provided then contact you with his or her suggestions!

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James M. Lawniczak on the Treatment of Postpetition Interest Under Subordination Agreements

Excerpt: In HSBC Bank USA, Nat'l Ass'n v. Bank of N.Y. Mellon Trust Co., Nat'l Ass'n (In re Bank of New England Corp.) , 646 F.3d 90 (1st Cir. 2011) [ an enhanced version of this opinion is available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], the court considered Continue reading

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Requesting a Trustee in a Debtor’s Bankruptcy Case: When Does It Make Sense?

Is your Chapter 11 debtor acting contrary to the best interest of its creditors? Is your Chapter 11 debtor failing to meet its fiduciary obligations to its estate or its creditors? If the answer to either of these questions is "yes," Read More… Continue reading

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Delaware Bankruptcy Court Dismisses Single-Asset Real Estate Mezz Debtor’s Bankruptcy Case for Bad Faith

On December 22, 2011, the United States Bankruptcy Court for the District of Delaware in In re JER/Jameson Mezz Borrower II LLC dismissed with prejudice a mezzanine borrower’s bankruptcy case for bad faith under Section 1112(b) of the Bankruptcy Read More… Continue reading

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Delaware Bankruptcy Court Dismisses Single-Asset Real Estate Mezz Debtor’s Bankruptcy Case for Bad Faith

On December 22, 2011, the United States Bankruptcy Court for the District of Delaware in In re JER/Jameson Mezz Borrower II LLC dismissed with prejudice a mezzanine borrower’s bankruptcy case for bad faith under Section 1112(b) of the Bankruptcy Read More… Continue reading

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US Bankruptcy Automatic Stay Thwarts UK Proceedings by the Pension Regulator

On December 29, 2011, the US Court of Appeals for the Third Circuit issued an opinion in the chapter 11 bankruptcy case In re Nortel Networks, Inc., holding that the "automatic stay" on creditor collection actions outside the Read More… Continue reading

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Bank of America Breaks Debt Harassment Laws Against Florida Woman

The law ruled on the side of a Florida woman against the overwhelming debt collection tactics of one of the industry’s biggest corporations, Bank of America. According to the Wall Street Journal, a Florida judge ruled that Bank of America Read More… Continue reading

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Bank of Montreal v. Peri Formwork Systems Inc.

In the recently released Judgment in Bank of Montreal v. Peri Formwork Systems Inc., the British Columbia Court of Appeal was called upon to decide whether a Monitor, under the Companies’ Creditors Arrangement Act (“CCAA” Read More… Continue reading

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Wealth Manager: MF Global Owes It Commissions For Futures Trading Activities

NEW YORK – A creditor in the Chapter 11 proceeding of MF Global Holdings Ltd. on Jan. 17 filed its brief contending that it is owed futures commissions and that the trustee should administer the bankruptcy estate properly, rather than trying to argue that MF Global was not a commodities broker (In Re: MF Global Holdings Ltd., No. 11-15059, Chapter 11, S.D. N.Y. Bkcy.). Full story on lexis.com Continue reading

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Wealth Manager: MF Global Owes It Commissions For Futures Trading Activities

NEW YORK – A creditor in the Chapter 11 proceeding of MF Global Holdings Ltd. on Jan. 17 filed its brief contending that it is owed futures commissions and that the trustee should administer the bankruptcy estate properly, rather than trying to argue that MF Global was not a commodities broker (In Re: MF Global Holdings Ltd., No. 11-15059, Chapter 11, S.D. N.Y. Bkcy.). Full story on lexis.com Continue reading

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MF Global Trustee: SIPA Trustee’s Interpretation Of Statutes ‘Incorrect’

NEW YORK – The trustee in the Chapter 11 proceeding of MF Global Holdings Ltd. on Jan. 9 filed a brief contending that the trustee for the liquidation of MF Global Inc. (MFGI), under the Securities Investor Protection Act (SIPA), is using “an inappropriate interpretation” of the relevant statutes and that the rights of creditors are being denied (In Re: MF Global Holdings Ltd., No. 11-15059, Chapter 11. S.D. N.Y. Bkcy.). Full story on lexis.com Continue reading

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