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Bankruptcy

Bankruptcy Law Network Bankruptcy Law Network

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Last Entry: March 18, 2011 at 11:35:04

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When Does Bankruptcy End And Life Begin?

Posted on January 25, 2010
All right !!!  You’ve done some hard work, gone through lots of worry and fretting, and now that light is appearing at the end of the tunnel.  Congratulations!  Well done. Maybe your father wants to buy you a new car, or you want to look for a better job...


Who can?t file for bankruptcy?

Posted on January 24, 2010
Not everyone can file for a bankruptcy case. And not every type of business can file for a bankruptcy case either.


Why Won?t My Attorney Sign My Reaffirmation Agreement?

Posted on January 24, 2010
Most clients get a displeased shocked look when I tell them that I won’t sign a reaffirmation agreement for their car during their Chapter 7 bankruptcy case.  A reaffirmation agreement is, in effect, a new contract where the debtor (my client) agrees with the creditor (not my c lient) that the debtor will be financially [...


Tax Refunds and Bankruptcy: ?Tis the Season!

Posted on January 24, 2010
Tax refunds are property of your bankruptcy estate.  There are two times of the year this can be especially problematic. During Tax Season During tax refund season–the first four months or so of the year–you may be entitled to a tax refund...


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10 Ways Banks Hurt You

Posted on January 24, 2010
Top 10 secrets banks do not want you to know.


How Much Does Bankruptcy Cost?

Posted on January 24, 2010
what are bankruptcy costs and fees in Massachusetts


Bankruptcy and Life Changing Events

Posted on January 24, 2010
Bankruptcy is often accompanied by other life changing events. These can be anything from the loss of a job or business to a divorce.  Sometimes you are warned as to what is going to happen and sometimes you don?t. When you do know what?s going on, the timing of filing for bankruptcy can be critical...


What Is The Co-Debtor Stay?

Posted on January 24, 2010
Once you file a bankruptcy case, the automatic stay serves to prohibit creditors from taking any action against you.  What if one of the accounts which is included in your bankruptcy is c0-signed by someone else?  You, as the debtor, are protected by the automatic stay...


Bankruptcy ? What?s an ?order for relief??

Posted on January 23, 2010
What happens when the case is filed? Automatically, upon filing a voluntary bankruptcy case, without any court appearance, notice, motion or other court proceeding, an order for relief is deemed to have been granted.


Bankruptcy and privacy ? your ?personally identifiable information? must be protected

Posted on January 23, 2010
Your bankruptcy is a public record. In some places, bankruptcy filings might even be published in a local newspaper. ?It will be on your credit report for as long as 10 years. Still, you are entitled to privacy – even in bankruptcy. Personally identifiable information must be protected...


How Does Bankruptcy Work?

Posted on January 23, 2010
Mmmm, I bet this person is feeling overwhelmed and doesn’t know where to begin.  It’s a painful and frustrating place.  A good response might be something like, “What’s bothering you?”  That will bring out details which can be fully discussed in bite-sized, understandable pieces...


But I Don?t WANT to File Bankruptcy!

Posted on January 23, 2010
Nobody really wants to file bankruptcy. I know there is a myth out there that there are many people who see bankruptcy as an easy way out of their financial problems. Like most myths, it is not true. The truth is that most people do everything they can NOT to file bankruptcy...


Can I Keep My House If I File For Chapter 7 Bankruptcy?

Posted on January 23, 2010
You can keep your house in a Chapter 7 bankruptcy if you are current on your mortgage.  If you are current on the mortgage, you can continue to pay the secured debt in a Chapter 7 bankruptcy while getting rid of your unsecured debt such as credit card debts...


Florida Bankruptcy Court provides Basics of Bankruptcy Video for Consumers

Posted on January 22, 2010
Now more than ever, consumers are doing their homework prior to meeting with a bankruptcy lawyer, and of course, Bankruptcy Law Network is the best starting point for any research on consumer bankruptcy basics.  Part of the reason why is that we point you to resources throughout the web, including this helpful bankruptcy basics video [...


Secured, Priority and Unsecured Claims ? what?s the difference?

Posted on January 22, 2010
Your bankruptcy lawyer will ask you to identify your creditors. ?Not all creditors are created equally. There are three types of creditors in bankruptcy: Secured creditors Priority creditors Unsecured creditors Secured creditors are those who have a lien or security interest in collateral...


Why Would I Ever Sign a Reaffirmation Agreement?

Posted on January 22, 2010
A reaffirmation agreement breaths life back into a debt that could have been discharged in a Chapter 7 bankruptcy.  Such agreements are often made to protect a house or vehicle.  Essentially, the debtor is forfeiting bankruptcy protection in exchange for the creditor promising not to repossess the property...


Are U.S. Corporate Bankruptcy Laws a Model to the World?

Posted on January 22, 2010
According to a recent article in the The Economist, ?in one respect at least America remains a beacon for the rest of the world: its treatment of corporate bankruptcy.?   The purpose behind America?s corporate bankruptcy laws is ?to put economic resources back to productive use as quickly as possible...


I Thought Bankruptcy Was Supposed To Cure My Money Troubles.

Posted on January 22, 2010
I had a call from a client last week who screamed at me saying, “I thought bankruptcy was supposed to cure my money troubles.”  Cure is an awfully strong word that attorneys and doctors do not like use.  Why?  Merriam Webster defines cure as: “a complete or permanent solution or remedy...


What Do You Mean I Owe Too Much To File Chapter 13?

Posted on January 22, 2010
Bankruptcy law limits Chapter 13, or payment plan bankruptcy, to individuals, that is, persons, not corporations, who have regular income, and who owe less than a certain amount of debt in certain categories. Unsecured debt is debt without collateral, or security, that the creditor can take if you do not pay...


Beware of False Notifications of Chapter 13 Dismissals

Posted on January 22, 2010
Recently, folks who are currently in chapter 13 cases have received a document titled “Notification of Debt Relief and Loan Modification” from a company called First American Debt Solutions.  The document goes on to state that “[o]ur records indicate that your Chapter 13 Bankruptcy case number 08-xxxxx-x-xxx has been dismissed...


Deciding Whether to File Bankruptcy

Posted on January 22, 2010
I have found that when people research bankruptcy, the one question they really want answered is “Should I file for bankruptcy?”.  The answer varies from case to case, and even a seemingly small nuance about someone’s life can completely change the answer...


Don?t risk your bankruptcy discharge ? list all your assets

Posted on January 21, 2010
If you file a bankruptcy case, you have to disclose all your assets.  You have to show your bank statements to the bankruptcy trustee.  You have to show your tax returns to the trustee too.  It’s not as easy as you think to hide assets. Nobody will believe that you don’t have a checking account...


Statement of Financial Affairs and Perjury.

Posted on January 21, 2010
When you file bankruptcy whether you file a Chapter 7 or a Chapter 13  you must file a Statement of Financial Affairs.  Brett Weiss has written several articles on the Statement of Financial Affairs. Question 10 asks you questions about transfers in the last year prior to filing...


Tax Refunds and Bankruptcy Part One

Posted on January 21, 2010
Its that time of the year when Trustees begin to look for the easy pickings, the hanging fruit of bankruptcy, THE TAX REFUND.   If you live in a state like Ohio with limited exemptions your TAX REFUND may be in jeopardy.  The Chapter 7 trustee get very excited at this time of the year...


Should I Do a ?Short Sale? if I?ll File Bankruptcy?

Posted on January 21, 2010
I’m often asked by clients about short sales. As I talked about in my blog, Why Short Sales Usually are a Bad Idea, there are a lot of potential problems with short sales. But while they’re usually a bad idea if you won’t be filing, they almost always are bad if you will file...


Cash and Bank Accounts in Bankruptcy: Pay Attention!

Posted on January 21, 2010
Cash and bank accounts (checking, savings, CDs) are property of your bankruptcy estate.  You must provide your bankruptcy attorney with exact bank balances as of the date of your bankruptcy filing for all bank accounts.  You can obtain this information over the Internet by logging into your account or by calling the bank...


Does My Wife Have To File Bankruptcy With Me If We Are Both On the Deed and Mortgage?

Posted on January 21, 2010
Even if you and your wife are both on the deed and mortgage it is permissible for only one to file for bankruptcy. This is true even if you are past due on your mortgage payments. If only one of you files a Chapter 13 bankruptcy, you will include the past due mortgage payments in [...


Life after bankruptcy ? you can restore our credit quickly!

Posted on January 21, 2010
Today, I received a letter from a client.  And with her permission, I am repeating her entire letter here, with her name omitted to protect her privacy. We filed a chapter 7  just 5 months ago.  Here’s how the world looks like to her today: Dear Mr...


?Retain and Pay? Rejected by Appeals Court; Reaffirmation Agreements Likely Required by New Ruling

Posted on January 20, 2010
No notice is required before a bank repossesses your motor vehicle after a chapter 7 bankruptcy, unless you formally reaffirm the vehicle loan, according to a recent federal appeals court decision.  This case casts doubt on the “option” of “retain and pay,” where the debtor simply continues payments on a vehicle loan after filing chapter [...


A Fresh Start is a State of Mind Too

Posted on January 20, 2010
Bankruptcy is about fresh starts.  The law gives you a discharge of many debts which is what we call a “fresh start.”  But actually getting your money’s worth out of it is as much about what you do and how you approach this new chance as it is about the law and finance...


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