All Posts By: David McFarlin

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David McFarlin
David McFarlin is Of Counsel with Fisher Rushmer, P.A. David represents debtors, creditors, trustees, and committees in bankruptcy cases under Bankruptcy Code Chapters 7, 11, 12 and 13 and in non-bankruptcy matters. Services include business reorganization, consumer and business bankruptcy, loan workouts, mortgage modification, foreclosure defense, offers in compromise and installment payment plans for tax obligations, assignments for the benefit of creditors, and prosecution and defense of involuntary bankruptcy cases.

Small Business Reorganization Act and CARES Act

Posted by David McFarlin on Apr 28, 2020 8:00:00 AM

Making Reorganization More Friendly for Small Business Debtors

Reorganization under Chapter 11 of the Bankruptcy Code creates many difficulties for a small business debtor. Many small businesses fail in Chapter 11 or avoid Chapter 11 because of:

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Topics: Chapter 11, CARES Act, SBRA

Are Income Taxes Dischargeable in a Bankruptcy Case?

Posted by David McFarlin on Apr 19, 2017 5:00:15 PM

The Internal Revenue Service will frequently assert a claim for unpaid income taxes and be one of the largest creditors in a chapter 7 case. Therefore, many individuals considering a bankruptcy case inquire about the dischargeability of income taxes.

Here are the rules you need to know:

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Topics: Bankruptcy, Income Tax Discharge

What Rights Do Secured Creditors Have?

Posted by David McFarlin on Feb 24, 2017 11:11:01 AM

Secured creditors will typically inquire about what they must do to be able to enforce their security interests or mortgage interests against property that is involved in a bankruptcy case.

Read on to find out what help is available for secured creditors in bankruptcy cases.

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Topics: Bankruptcy

Can I File Bankruptcy and Keep My Car?

Posted by David McFarlin on Nov 29, 2016 1:28:21 PM

Frequently, my clients asks if they can keep their vehicle in a chapter 7 bankruptcy case. The answer is – it depends. 

In a Chapter 7 bankruptcy case,  a has three general options for dealing with a motor vehicle that is subject to a security interest, and as with almost everything in life, there are advantages and disadvantages to each of these options.

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Topics: Bankruptcy

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