In October 1991, the fishing boat Andrea Gail and her six-man crew were headed to the fertile fishing grounds of the North Atlantic seeking the "big catch." Focused on the catch and the cash, the crew was unaware that three different storms…

The provisions of 11 U.S.C. §1327(a) clearly state: The provisions of a confirmed plan bind the debtor and each creditor, whether or not the claim of such creditor is provided for by the plan, and whether or not such creditor has objected t…

Consumer protection laws regulating debt collection practices are a complex minefield of potential liability for creditors and other debt collectors. Large damage awards, provisions for recovery of attorneys' fees and increased awareness an…

Self-insured retentions (SIRs) and deductibles serve the same purpose, allotting a portion of the risk to the insured. The method chosen has a distinct impact on the insurer's obligations and also impacts determining creditor status when an…

Editor's Note: This month's column provides an overview of some of the differences between bankruptcy "litigation" and litigation in a non-bankruptcy forum, highlighting some pitfalls that traditional litigators may encounter when they vent…

The concept of limited representation in litigation, frequently called "unbundling," is an emerging issue across the country, principally in the family law field. While a significant degree of philosophical hostility exists to the concept t…