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Blog Posts in 2010

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YOUR POST-DISCHARGE DEBT

Most Chapter 7 and Chapter 13 bankruptcy cases end with a discharge order from a federal bankruptcy judge. The discharge is a permanent injunction that prohibits pre-bankruptcy creditors from ...
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REFINANCING A HOME AFTER BANKRUPTCY

Recently, many Americans have sought bankruptcy protection as a result of the recession and housing crisis. Unfortunately, the bankruptcy laws cannot force a lender to refinance your home mortgage. ...
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WHAT IS A MOTION TO LIFT THE AUTOMATIC STAY?

When a Chapter 7 or Chapter 13 bankruptcy petition is filed, the bankruptcy court issues an injunction forbidding/freezing any collection action against the debtor. This protection is called the ...
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THE CHAPTER 11 PLAN OF REORGANIZATION

Occasionally an individual or married couple cannot qualify for a Chapter 13 repayment bankruptcy (usually due to having debt levels higher than that authorized by the bankruptcy code for a Chapter ...
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HOW BANKRUPTCY CAN STOP A LAWSUIT

A lawsuit can cause tremendous anxiety. Thousands of lawsuits are filed every day by creditors seeking to collect on credit card debts, medical bills, and other debts that are owed. Common sense will ...
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JUST SAY NO TO PRO SE BANKRUPTCY

Bankruptcy can be expensive. Whether you are in a Chapter 13 repayment plan or a Chapter 7, court fees, credit counseling fees, and attorney fees can really add up. Some bankruptcy debtors are tempted ...
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AFTER FILING BANKRUPTCY, BE SURE TO FOLLOW THROUGH

After filing a bankruptcy case, some debtors experience "cold feet." Some have difficulty facing the trustee at the 341 Meeting. Others cannot meet their Chapter 13 plan payment obligations. Still ...
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FIVE REASONS TO CHOOSE CHAPTER 7

Over 70% of all consumer bankruptcy cases are filed under Chapter 7 of the Bankruptcy Code. While "going along with the crowd" is not a good reason to file Chapter 7, there are good reasons to choose ...
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FILING BANKRUPTCY IS AS EASY AS 1 - 2 - 3

While the Chapter 7 and Chapter 13 bankruptcy laws are complex, filing a typical consumer bankruptcy case is a simple process for an experienced bankruptcy attorney. Preparing the usual debtor's case ...
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WHO WILL KNOW ABOUT MY BANKRUPTCY?

One of the most common questions asked about the Chapter 7 and Chapter 13 bankruptcy process is, "Who will know about my bankruptcy case?" Filing bankruptcy is usually very confidential, but the ...
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SIX REASONS TO CHOOSE BANKRUPTCY OVER A DEBT SETTLEMENT PROGRAM

For a person in financial trouble, examining his or her options can mean the difference between a fresh start and a false start. In an effort to avoid filing for bankruptcy, many people will turn to ...
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REDEEMING A VEHICLE DURING CHAPTER 7 BANKRUPTCY

Redemption is a process during a Chapter 7 bankruptcy case where a debtor is able to retain a vehicle by paying the secured creditor the value of the vehicle, not the total debt that is owed. For ...
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COMMON BANKRUPTCY MYTHS

There are some strange myths concerning bankruptcy. Many of these myths are told by well-meaning, but uninformed financial "experts." Today's post will look at six common myths. Taxes cannot be ...
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SMALL BUSINESS EMPLOYERS CAN FACE BIG TROUBLE FROM IRS

When a small business encounters tough times, it is not uncommon for the business owner to do what is necessary to keep the business alive. The obligation to keep the business going for family and ...
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MICHAEL VICK'S CREDITORS ROOT FOR HIS SUCCESS

Even if you are not a football fan, chances are you have heard of Michael Vick. Vick was enjoying wealth and fame as a star quarterback in the National Football League, until authorities discovered ...
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THE ROLE OF THE CHAPTER 7 TRUSTEE

A Chapter 7 bankruptcy is sometimes called a "liquidation bankruptcy." In its simplest description, a Chapter 7 bankruptcy liquidates all of your non-exempt property to pay your creditors. Any ...
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BANKRUPTCY MISERY LOVES COMPANY

New data from the Administrative Office of the U.S. Courts reveals that American consumers filed more than 1.5 million non-business bankruptcies (generally a Chapter 7 or Chapter 13 bankruptcy ) ...
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MILITARY SERVICE CAN MEAN SPECIAL TREATMENT UNDER BANKRUPTCY LAWS

Military service is a selfless and honorable public service. Veterans deserve our respect and our gratitude. Congress has passed many laws attempting to give veterans a preferred status to meet ...
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WILL THE BANKRUPTCY COURT TAKE MY CHILDREN’S PROPERTY?

The Chapter 7 and Chapter 13 bankruptcy laws require the debtor to list all of his or her assets in the paperwork that is filed with the court. The court requires the debtor to file a standardized ...
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BANKRUPTCY VERSUS BAD DEBT JUDGMENTS

Bankruptcy attorneys know that owing a debt that you cannot repay causes the debtor many headaches. First, there are the collection calls and letters. These collection actions are meant to harass you ...
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MORE ELDER AMERICANS ARE FILING BANKRUPTCY

A recent study by the University of Michigan School of Law has found that an increasing number of people over the age of 65 are filing for Chapter 7 and Chapter 13 bankruptcy protection. The study ...
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ABUSIVE COLLECTION AGENCY SETTLES LAWSUIT FOR $1.75 MILLION

In the wake of the "robo-notary" scandal that has prompted federal investigations into the foreclosure processes of several large banks, another "robo" scandal against consumer debtors has been ...
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SURRENDERING PROPERTY DURING CHAPTER 7 BANKRUPTCY

The federal Bankruptcy Code provides many options for an individual to reorganize his finances. In some cases, a Chapter 7 debtor may decide that he can no longer afford to make the monthly payments ...
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TITHING AND OTHER CHARITABLE DONATIONS DURING BANKRUPTCY

For many, tithing is much more than simply a donation to a church, synagogue or mosque. When a person files a Chapter 7 or Chapter 13 bankruptcy, the issue is whether charitable donations should ...
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KNOW WHO YOU OWE

Bankruptcy attorneys see people from all cross-sections of our population. Most people have a good understanding of their financial obligations and know who they owe. Others bring in grocery store ...
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