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May 2019

How much will a bankruptcy filing affect my FICO score?

How much does a bankruptcy filing affect your FICO score?  In the big picture, this may not be the right question to ask. In 2010 FICO made public some–not all, just some–of the information behind their mysterious, black-box credit scoring system. The answer to the bankruptcy question is:  It depends on the individual.  But it appears …

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How does debt and bankruptcy affect senior citizens?

Elderly Americans are frequently victims of debt problems and need to file bankruptcy.  Especially those on fixed incomes.  However, many senior citizens don’t realize that they also have certain advantages afforded to them under the bankruptcy laws. For example, retirement accounts and social security income are almost always protected from creditors. And many senior citizens …

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Preference Actions: What is the “New Value” defense?

In a previous post (“Defenses to Preference Actions – Part I“), I explained that there are three common defenses to preference actions (also often called “preference lawsuits”) that you can use if you’ve received a demand letter from a bankruptcy trustee, from counsel to a Debtor-In-Possession or counsel to a creditors committee. In subsequent posts …

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Preference Actions: What is the “contemporaneous exchange” defense?

In a previous post (“Defenses to Preference Actions – Part I“), I explained that there are three common defenses to preference actions (also often called “preference lawsuits”) that you can use if you’ve received a demand letter from a bankruptcy trustee, from counsel to a Debtor-In-Possession or counsel to a creditors committee. In a subsequent …

Preference Actions: What is the “contemporaneous exchange” defense? Read More »

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