Bankruptcy Law Network
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Debt collection attorneys know that you cannot be thrown in jail if you do not pay your credit card debts. Debtor’s prisons were formally abolished in the United States in 1833, and, except for cases involving past due child support or tax debts, you will not face jail time if you are unwilling or unable [...]
As a bankruptcy lawyer, one of the first things I advise my clients to do when they decide they are filing bankruptcy and hire me is to stop paying on their credit cards. More on this later in the post. Recently, though, before I could offer that advice, a client asked me: “What happens when [...]
When you file bankruptcy, you should become acquainted with the phrase: Pigs get fat while hogs get slaughtered. It is a great phrase to live by, not only during bankruptcy but in everyday life as well. This phrase goes back to the basics of bankruptcy and life. Everything must be done in moderation. More specifically [...]
This afternoon, I appeared at a Section 341 meeting of creditors hearing with a married couple who I represent in a Chapter 13 case. One of the questions asked by the trustee had to do with mortgage payments – specifically, were the debtors current with their post-petition mortgage loan payments. In the Northern District of [...]
The U.S. Court of Appeals recently held that a bankruptcy attorney could be compelled to testify against his own clients in a case involving the conversion of nonexempt assets into exempt assets, a process commonly known as “exemption planning.” This case, In re Grand Jury Proceedings, 609 F.3d 909 (8th Cir. July 1, 2010), involved [...]
American Shingle filed for Chapter 7 bankruptcy in Georgia owing millions of dollars to creditors. Among the creditors are hundreds of homeowners who paid the company to roof their home but did not receive services promised. For homeowners who are owed money, there are a few things to understand about how bankruptcy works and what [...]
When you file bankruptcy, you claim “exemptions” in property you wish to keep free of any claims of the bankruptcy trustee. And the “homestead” exemption–the exemption used to protect your home–is the most important exemption for many debtors. But what if your home is the movable kind? And I’m not just talking about mobile homes [...]
Many times people come into my office and want to file a chapter 7 but they are worried about losing their home in bankruptcy. Often, this fear probably means they have delayed seeking some advice for a very long time. In most instances, the chapter 7 trustee is not going to sell your home to [...]
Sigh. I hate loan modifications. I just got off the phone with a potential bankruptcy client. This call was from yet another borrower who has been working on a loan modification for months, but now is looking for a attorney to file an emergency Chapter 13 to try to save her house. In this case, the [...]
You’ve finally hired a bankruptcy lawyer. You’ve done your research and found a lawyer with whom you think you can have a good working relationship. How do you preserve that good working relationship through the course of your bankruptcy case? I’m going to focus on things that are particularly relevant to bankruptcy cases, rather than [...]
