Sometimes, Health Insurance Is Not Enough

We can debate whether or not the 62.1 percent figure is too high, but even critics won't deny that whatever the true figure, it is significant. For some, bankruptcy may be the only answer, and they are advised to obtain the best legal help available. One highly regarded law practice that operates in this space, and provided some background for this article, is the Jerome S. Cohen firm of Los Angeles. [http://www.jscbklaw.com].

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01-09-2012 | By Michael D. Shaw

Real Estate Investors: Understanding Your Options

For real estate investors, Chapter 11 can be a lifesaver - a proverbial "fresh start" from an otherwise seemingly impossible situation - which gives the debtor a respite from creditors. And, given the nature of the current economy and the challenges that confront major companies and individuals in the real estate industry, federal bankruptcy law is possibly a creative solution that can benefit real estate professionals, including: lenders, borrowers, developers, brokers, appraisers, accountants and other advisers. This point - that filing for bankruptcy is a beginning, not an end - bears repeating, because real estate investors deserve the right to work with experienced attorneys who understand this intricate area of law, a discipline that allows companies to often reemerge towards success.

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12-16-2011 | By Jerome S. Cohen

Creditors Freeze of Bankruptcy Debtor's Cash

This dilemma has just been resolved in the banker's favor by the Supreme Court. The dilemma was whether to violate the automatic stay in bankruptcy or allow Debtor to empty the bank account. The dilemma was shared by other creditors with offsetting debts to bankruptcy Debtor. In counseling creditors and debtors about Chapter 11 reorganization, our office often observes that early action is useful, and this case shows why. Read More

10-18-2010 | By Jerome S Cohen

Mechanics Lien Claim in Bankruptcy

To a lawyer not practicing steadily in the construction area, the mechanics lien law presents pitfalls. Add the complexities of the Bankruptcy Code, and counsel can use guidance. The present article covers one point only: perfection of the mechanics lien in accordance with state law remains necessary and is permissible after owner files bankruptcy. This point is critical. Much is simplified if this point is understood. Read More

03-01-1994 | By Jerome S. Cohen

The Bankruptcy Code

(Title 11 of the United States Code) gives the force of law to several national policies or values. First is the value of allowing a debtor a breathing spell and a fresh start, the chance for a productive future unburdened by past debts and mistakes. Second is the value of a fair distribution of a debtor's property among creditors. The federal bankruptcy system is designed to achieve an orderly, equitable distribution of the debtor's assets under court supervision and compulsion. By contrast, state law on creditors' rights has been called "grab law." Each creditor grabs what it can, and the debtor is dismembered. The swift creditor is rewarded. The slow creditor gets nothing.  Read More

04-10-1992 | By Jerome S. Cohen