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Delaware Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy, Securities Law and Stockbroker Fraud for Delaware on
Q: I'm wondering how to get an injunction to stop a bankruptcy recently filed in Delaware by Vivus, Inc.

The creditor (IEH) with the collusion of management is grossly undervaluing assets (3 separate FDA approved drugs and one pipeline drug) more properly valued at $500M. Management was to have refinanced the $170M debt already but due to gross negligence or complicity with creditor failed to do so.... Read more »

David Luther Woodward
David Luther Woodward answered on Jul 14, 2020

Firstly, a forum like this is an inadequate place to answer a complex question such as yours.

If you--and other stockholders--are aggrieved then you need to hire your own lawyer to appear on your behalf to address the issues. There is no way to enjoin the progress of a bankruptcy--only to...
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2 Answers | Asked in Bankruptcy for Delaware on
Q: How much does it cost for bankruptcy?
Stuart Nachbar
Stuart Nachbar answered on Oct 8, 2019

Depends on the attorney, the level of experience and complexity of your case, but figure anywhere from 2,000-4,000 + Filing fees and other costs.

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2 Answers | Asked in Bankruptcy for Delaware on
Q: I think I need to declare bankruptcy. I have eight pay day loans and the interest rate is killing me.

If I pay all the pay day loans there isn't enough money to pay the cell phone bill, the car insurance, the Verizon bill and the car loan. I am a teacher. The shame and the stress is killing me. Can you please give me some advice.

Stuart Nachbar
Stuart Nachbar answered on Sep 4, 2019

You should definitely consult with a Chapter 7 Specialist in your area. You don't indicate what your salary is, or if you are a dual income household, or many other items that a good Bankruptcy Counsel will ask. Please seek someone in your state, and don't hesitate to ask for a... Read more »

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2 Answers | Asked in Bankruptcy for Delaware on
Q: Should I hire bankruptcy attorney in DE?

FTD sued me in Illinois over contract a dispute in March. I am in Cambridge, Mass. I hired an attorney in IL who specializes in contract law. In June while we were in litigation FTD declared bankruptcy in DE. Our case is placed on hold. My attorney in IL has been notified that we are one of the... Read more »

Stuart Nachbar
Stuart Nachbar answered on Jul 16, 2019

Even if it is to put a Proof of Claim, I would be retaining Counsel to handle same

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1 Answer | Asked in Bankruptcy for Delaware on
Q: where can I find archives of the Delaware code from 1985?
Timothy Denison
Timothy Denison answered on Mar 10, 2019

Your local law library it possibly online.

1 Answer | Asked in Bankruptcy for Delaware on
Q: Can I ask the debtor questions at the bankruptcy trial?

I am a creditor in a bankruptcy case. I put a motion in to have the case dismissed on several grounds, bankruptcy fraud, repetitive filings etc. the Trustee also filed a motion to dismiss the case. We have an upcoming trial. Will I have the opportunity to ask the debtor questions on the stand?

Timothy Denison
Timothy Denison answered on Feb 13, 2019

Yes, either at the 341 creditors meeting, the trial, or both.

1 Answer | Asked in Bankruptcy for Delaware on
Q: Ch 13 discharged 6/17. One of student loans was reopened 10/17. Getting calls from another closed one.Can they open now?

One bureau shows closed 0 balance. The other shows 23k. Closed and written off as bad debt. The Bank is calling but not stating why. I have recieved no written correspondence. Can they reopen it this late? Should I call them back?

Nels Hansen
Nels Hansen answered on Jan 31, 2018

Congratulations on completing your chapter 13, very few people accomplish what you have achieved. In order to discharge the student loan, you will have to file an adversary in addition to a bankruptcy and prove the student loan is an undue hardship. This is easier said than done. When you file... Read more »

1 Answer | Asked in Bankruptcy for Delaware on
Q: What is a bankruptcy withdrawl
Charles Snyderman
Charles Snyderman answered on Jun 26, 2014

In most instances, it refers to a creditor who withdraws its claim against the debtor.

1 Answer | Asked in Bankruptcy for Delaware on
Q: Will my credit be affected if my ex-fiancee filed for Bankruptcy and put both our names are on the mortgage?

My ex and I purchased a home together and both names are on the mortgage and deed. We broke up and she continued to live in the house, while I paid the mortgage. She abandoned the property over a year ago and moved out of state and I continued to pay the mortgage.

Andrew Bresalier
Andrew Bresalier answered on Jan 27, 2014

It will say that the account was in a Bky, but as long as you make the payments timely, it shouldn't matter.

1 Answer | Asked in Bankruptcy for Delaware on
Q: My husband left me can he file bankruptcy without my knowledge and how will it affect me,
Andrew Bresalier
Andrew Bresalier answered on Nov 10, 2011

Married persons are permitted to file bankruptcy without their spouse. The Creditors from any jointly held debts will seek payment solely from you. However, on the plus side, if you are eligible for support, the lack of his debts should weigh in your favor.

1 Answer | Asked in Bankruptcy for Delaware on
Q: Can I apply for bankruptcy
Andrew Bresalier
Andrew Bresalier answered on Nov 8, 2011

Filing a Bankruptcy involves a weighing of several items, personal and legal. If you have no personal issues, then the major obstacle is the Means Test. This test is broken into several parts and looks at an average of what you have earned over the last six months, then compares it to others in... Read more »

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