MyBlogLog

The Home for Engaged Publishers & Readers

Subscribe

Topic: Bankruptcy Practice and Procedure

New with Topic: Bankruptcy Practice and Procedure


jsflawyer
jsflawyer posted a blog entry
Two Tax Years For the Price of One
Sometimes one tax year in a 12 month period is just not enough!  Think of all the fun that could be had if there were two. ...
 
jsflawyer
jsflawyer posted a blog entry
NACTT Academy Offers Chapter 13 Information Online
The National Association of Chapter Thirteen Trustees (NACTT) has developed a new vehicle for education of bankruptcy...
 
jsflawyer
jsflawyer posted a blog entry
Should My Spouse File Bankruptcy With Me?
You might be wondering if filing bankruptcy without your spouse is a good idea.  The answer depends on whether your spouse...
 
jsflawyer
jsflawyer posted a blog entry
Avoiding “Good Faith” Objections to Chapter 13 Plans
Sometimes a chapter 13 case is filed, instead of chapter 7, due to concerns over possible non-dischargeability complaints. ...
 
jsflawyer
jsflawyer posted a blog entry
I’m About to Move–Where Can I File Bankruptcy?
Although bankruptcy laws are federal, there can be some critical differences in how the law is interpreted from place to place,...
 
jsflawyer
jsflawyer posted a blog entry
Which Exemptions Shall I Choose? There Are So Many Choices, Aren’t There?
In the recent case of In re Dufa,Case No. 07-60743 Judge Federman ruled that since the debtors moved to Missouri on the...
 
jsflawyer
jsflawyer posted a blog entry
Suze Orman Just Doesn’t Understand Bankruptcy
I keep many financial advice books and DVDs in my office library to recommend to clients, but Suze Orman is not on my list of...
 
jsflawyer
jsflawyer posted a blog entry
Favorable Ruling For Debtors In Jones v. Wells Fargo Bank Upheld
On July 1, 2008 the much anticipated District Court decision in the Jones v. Wells Fargo case was released.In her decision,...
 
jsflawyer
jsflawyer posted a blog entry
If A Partner Files Bankruptcy What Happens To The Partnership?
What are the repercussions for a partnership if one of the partners has to file bankruptcy?  A couple of days ago I wrote a...
 
jsflawyer
jsflawyer posted a blog entry
I Make More Than the Median Income. Can I File for Chapter 7?
Several people have called me recently, saying that they wanted to file for Chapter 7, but couldn’t because their income...
 
jsflawyer
jsflawyer posted a blog entry
Can a Partnership File Bankruptcy?
Partnerships, like many other businesses in this economy, can fail too.  What are your options when the debts of the business...
 
jsflawyer
jsflawyer posted a blog entry
If I Charge On My Credit Card And Don’t Make A Payment, Is This Fraud?
Creditors these days are looking for any and all ways to prevent debtors from discharging their debt in bankruptcy. As a...
 
jsflawyer
jsflawyer posted a blog entry
Is Bankruptcy The Same Everywhere? Part 2
One year ago, I posted a blog on this website discussing some of the ways that the bankruptcy law was applied differently in...
 
jsflawyer
jsflawyer posted a blog entry
Three Things To Do When Filing Bankruptcy
Regular readers know my Kansas colleague Jill Michaux penned the 33 Bankruptcy Don’ts, things not to do before filing...
 
jsflawyer
jsflawyer posted a blog entry
Thoughts From The Lawyer’s Office Paralegal: Top Ten Don’ts
Recently, Jill Micheaux discussed, the “33 Don’ts For Preparing To File Bankruptcy“.    My staff reviewed...
 
jsflawyer
jsflawyer posted a blog entry
Objecting to Claims: Standing 101
Objecting to Claims:  Standing 101It happens every day.  Thousands of proof of claims are filed in bankruptcy cases...
 
jsflawyer
jsflawyer posted a blog entry
Top 5 Changes in Bankruptcy Laws
In October, 2005, sweeping legislation changed the Bankruptcy Code. Most people rushed to file before these new laws went into...
 
jsflawyer
jsflawyer posted a blog entry
What Name Do I Use In My Bankruptcy Petition?
People who have been known to their creditors by more than one name should pay special attention to using the correct name...
 
jsflawyer
jsflawyer posted a blog entry
Making Sure You List All Creditors In Your Bankruptcy Case.
It happens weekly.  A former client or other creditor contacts the attorney’s office to inquire whether the creditor was...
 
jsflawyer
jsflawyer posted a blog entry
So Can I Strip My Second Lien After Filing For Chapter 7?
As with all legal questions, the answer is it depends.  While the Supreme Court has ruled that you can not strip a second...
 
jsflawyer
jsflawyer posted a blog entry
What Is A Trustee?
Everyone talks about trustees but what exactly does a trustee do? Is the trustee the judge? No. Is the trustee the jury? No....
 
jsflawyer
jsflawyer posted a blog entry
New Bankruptcy Law Hurts Car Lenders And Debtors Too
One of the changes in bankruptcy law that was in the 2005 Bankruptcy Act (”BAPCPA”) was to prevent debtors filing...
 
jsflawyer
jsflawyer posted a blog entry
33 Don’ts for Preparing to File Bankruptcy - Part 3
The nation’s best consumer bankruptcy lawyers put together a list of 33 Don’ts for Preparing to File Bankruptcy,...
 
jsflawyer
jsflawyer posted a blog entry
To File Bankruptcy, I Pay Money and Sign A Few Forms, Right?
Oh, if it were only that simple.  I suppose in a perfect world, all you would need to do is come up with $1500 to $4500 and...
 
jsflawyer
jsflawyer posted a blog entry
33 Don’ts for Preparing to File Bankruptcy - Part 2
Here is part 2 of a list of 33 don’ts for preparing to file bankruptcy compiled by Jonathan Becker after polling the...
 
jsflawyer
jsflawyer posted a blog entry
The Worst That Can Happen In A Bankruptcy
Recently, a debtor in my district was convicted of 28 counts of bankruptcy fraud, money laundering and other sundry felonies. ...
 
jsflawyer
jsflawyer posted a blog entry
What Debts Survive My Bankruptcy?
There are a number of debts that will survive a bankruptcy filing, whether Chapter 7 or Chapter 13 is filed.Child support or...
 
jsflawyer
jsflawyer posted a blog entry
What Happens If I Didn’t Reaffirm My Car Loan In Bankruptcy And I Fall Behind?
Someone asked Georgia attorney Jonathan Ginsberg what to do with a debt that hadn’t been reaffirmed in his Chapter 7...
 
jsflawyer
jsflawyer posted a blog entry
Gay Marriage Legal in California. Can Gay Couples Now File A Joint Petition?
On May 15, 2008, the California Supreme Court struck down a ban on Gay Marriages and ruled that the union of a Gay Couple in...
 
jsflawyer
jsflawyer posted a blog entry
Car Loans, Reaffirmation Agreements and “Keep & Pay”
Before Congress passed the “Bankruptcy Abuse Prevention and Consumer Protection Act” (BAPCPA) in 2005, dealing with car...
 
jsflawyer
jsflawyer posted a blog entry
3 Years = No Car Payments, No Credit Cards Payments, Just 1 Debt: Your Mortgage
How would you like to eliminate all your credit card debt, all your car debt, and all your mortgage debt except the first...
 
jsflawyer
jsflawyer posted a blog entry
Appeal Your Own Victory? Yes, Indeed!
Taking an appeal in a Chapter 13 bankruptcy case just took an interesting turn for debtors in the Midwest. In May, the Eighth...
 
jsflawyer
jsflawyer posted a blog entry
I Actually Dont Qualify For Chapter 13?
Many people are under the mistaken impression that they qualify for Chapter 13, when in fact, they are actually over the debt...
 
jsflawyer
jsflawyer posted a blog entry
What Are The Creditors Duties Once They Have Been Informed Of A Bankruptcy Filing- Part 2
As I previously discussed, there are several duties imposed on creditors when they have been notified that a bankruptcy case...
 
jsflawyer
jsflawyer posted a blog entry
Bankruptcy: A State Specific Law?
The bankruptcy law is a federal law.  In fact, the U.S. Constitution mandates that Congress enact uniform bankruptcy laws. ...
 
jsflawyer
jsflawyer posted a blog entry
Does It Matter If A Creditor Intended to Violate The Automatic Stay?
When debtors attorneys file motions against creditors who violate the automatic stay, creditors often try to argue that they...
 
jsflawyer
jsflawyer posted a blog entry
What Happens If I Am A Renter Filing Bankruptcy And My Landlord Is Trying To Evict Me?
While back rent is dischargeable in a bankruptcy proceeding, your landlord has options when you file for bankruptcy.   Timing...
 
jsflawyer
jsflawyer posted a blog entry
What Is A Motion For Relief Of Stay: Chapter 7?
Most Debtors always get notices in the mail 30 to 90 days after filing for Chapter 7 relief concerning property they own.  In...
 
jsflawyer
jsflawyer posted a blog entry
What Can I Do If I Still Get Bills And Harassing Calls After I File My Bankruptcy?
If you continue to get bills and phone calls from creditors AFTER you filed your bankruptcy petition, be sure to bring it to...
 
jsflawyer
jsflawyer posted a blog entry
Abstention or Remand: Factors to Consider
Courts have developed factors to consider in deciding whether to remand or abstain.  (Searcy v. Knstman, In re Tomlinson...
 
jsflawyer
jsflawyer posted a blog entry
Exemptions and Unknown Values
You have a claim against someone of an unknown amount, perhaps from a car accident.  What’s the best way to protect...
 
jsflawyer
jsflawyer posted a blog entry
The Two Schedule J’s: How They Should Differ in Chapter 7 and 13
Schedules I and J are where the bankruptcy debtor lists his or her household income, and household living expenses, in a...
 
more...