By Andy Miofsky, Illinois Bankruptcy Attorney
closeAuthor: Andy Miofsky, Illinois Bankruptcy Attorney
Name: Andy Miofsky, Illinois Bankruptcy Attorney
Email: ndinstl@charter.net
Site: http://www.ABankruptcyLawyer.net/
About: Andy Miofsky [618/931-1313] is a consumer rights lawyer with offices in Granite City Illinois and Mount Vernon Illinois, representing debtors in bankruptcy throughout the Central and the Southern District of Illinois since 1979. He has filed suit for his clients against some of the largest banks and debt collectors in this country. He teachers consumers to fight back against debt collection violations and rewards them with settlement checks for their damages.See Authors Posts (133) on Nov 6, 2009 in Life After Bankruptcy | 0 Comments
Here are seven easy steps to pay off high interest rate credit cards. In fact these tips show you how to eliminate high interest accounts entirely and how to perform simple regular maintenance adjustments to keep your credit accounts within reasonable limits.
1. Fingerprint your credit cards. On a simple word document or piece of paper list each card by name, redacted account number [last 4 digits], credit limit, balance and interest rate. On the next line list the telephone number of the customer service department so you can obtain account balance information and discuss account terms. On the third line list the minimum balance due and the due date. This information becomes your handy dandy credit card fingerprint. It gives you a mugshot of your available credit, your total debt, the interest rate charged to each account and your next payment due information. Read the rest
By Douglas Jacobs, California Bankruptcy Attorney
closeAuthor: Douglas Jacobs, California Bankruptcy Attorney
Name: Douglas Jacobs, California Bankruptcy Attorney
Email: djacobs@jacobsanderson.com
Site: http://www.chicoattorney.com
About: Helping consumers in the following counties of California: Butte; Glenn; Tehama; Colusa; Yuba; Sutter; Plumas; Shasta; Lassen; Nevada; Placer and Sacramento. Call 530-342-6144 or visit my website to set up an initial consultation and to learn how I can help you. Mention Bankruptcy Law Network when you call."See Authors Posts (133) on Nov 5, 2009 in Bankruptcy Practice and Procedure | 0 Comments
Thinking Of Filing Bankruptcy? Don’t Give Anything Away.
“I’ll just give my car to my niece.” I can’t tell you how many times I’ve heard that or something similar from a client about to file bankruptcy.
Sometimes the client has the best of intentions: “she’s about to graduate college and I always promised her a car for a graduation present.” Or, the client is just re-paying an old debt: “she lent me money a couple of years ago and I want to re-pay it.”
If the property has not been transferred, at least I can counsel my clients not to do so at the present time. And if the gift or repayment has already occurred it may be that the property can be returned before the bankruptcy filing.
If the transfer of property cannot be undone or the client forgets to mention it until after the bankruptcy is filed, there can be grave consequences.
In the first place, a gift of property can be considered a fraudulent conveyance. The bankruptcy code allows the trustee to recover any such property given away within the two years prior to filing a bankruptcy. State law can increase that period. (Here in California, there is a four year period.)
And if a debt is repaid, that might be considered a preferential payment. The trustee can then recover the value of the property so that it can be divided evenly among all of the creditors of the client.
Either way, the recipient will probably lose the property or have to pay for it. This is true even if the property would have been
exempt had it been in the client’s possession when the case was filed. Transferring it, however, will void the exemption.
It’s always best to check with competent counsel before making any transfers of property or large payments when you are considering bankruptcy.
“I’ll just give my car to my niece.” I can’t tell you how many times I’ve heard that or something similar from a client about to file bankruptcy.
Sometimes the client has the best of intentions: “she’s about to graduate college and I always promised her a car for a graduation present.” Or, the client is just re-paying an old debt: “she lent me money a couple of years ago and I want to re-pay it.”
If the property has not been transferred, at least I can counsel my clients not to do so at the present time. And if the gift or repayment has already occurred it may be that the property can be returned before the bankruptcy filing.
If the transfer of property cannot be undone or the client forgets to mention it until after the bankruptcy is filed, there can be grave consequences. Read the rest
By Michael G. Doan, San Diego Bankruptcy Attorney
closeAuthor: Michael G. Doan, San Diego Bankruptcy Attorney
Name: Michael Doan
Email: mike@doanlaw.com
Site: http://www.doanlaw.com
About: Helping consumers in the following counties of California: San Diego, Imperial, Orange, Riverside, San Bernardino, Los Angeles, and Ventura. Call (800) 380-DOAN or visit my website at doanlaw.com to set up an initial consultation and to learn how I can help you. Mention Bankruptcy Law Network when you call.
San Diego Bankruptcy Attorney Michael G. Doan graduated from the University of San Diego with a Bachelor of Accountancy, earning departmental honors. He then entered California Western School of Law, earning his Jurist Doctorate.
Michael is admitted to the State Bar of California, the American Bar Association, as well as the San Diego County Bar Association and the North County Bar Association.
Other professional affiliations include:
National Bankruptcy Institute
Association of Trial Lawyers of America
Consumer Attorneys of San Diego
National Association of Consumer Bankruptcy Attorneys
American Bankruptcy Institute
North County Attorney Referral Service
and The San Diego County Attorney Referral Service
Michael is admitted to practice law in the Supreme Court of California, all Federal Courts of Appeals for the Ninth Circuit, and all Federal District Courts in the Southern and Central Districts of California.
He is a skilled Bankruptcy attorney with twelve years experience practicing in the fields of real estate, bankruptcy, personal injury, estate planning, contracts, worker's compensation, and tax and debt negotiation.
He is also a licensed Mortgage Broker and Realtor with membership in the San Diego Association of Realtors and President of a full-service real estate company, First Platinum Properties.
Currently, Michael is concentrating his practice solely in Bankruptcy Law and is a Board Certified Specialist in Consumer Bankruptcy Law by the American Board of Certification, one of only eight such attorneys in all of California.
To date, he has filed over 5,000 consumer bankruptcy cases. He has also has been published in both the Ninth Circuit Court of Appeals and the Ninth Circuit Bankruptcy Appellate Panel.
Mr. Doan also practices bankruptcy on the cutting edge, being the first attorney in the Southern District of California to file the first Chapter 7 Bankruptcy and Chapter 13 Bankruptcy under the new Bankruptcy Laws.
Michael G. Doan has successfully completed The American Board of Certification requirements for national certification in consumer bankruptcy law.
To become certified, Southern California Bankruptcy Attorney Micheal G. Doan satisfied the following requirements:
Full time practice of law for at least five years
Documented involvement in consumer bankruptcy by providing information on cases practiced
Demonstrated commitment to continuing legal education by earning at least 60 hours of bankruptcy education in the past three years
Passed an extensive, day-long written examination covering consumer bankruptcy issues
The American Board of Certification is a non-profit organization dedicated to serving the public and improving the quality of the bankruptcy bar. The rigorous certification standards are designed to encourage bankruptcy practitioners to strive toward excellence and to recognize those attorneys who are experts in the bankruptcy field. The certification program is accredited by the American Bar Association.
The American Board of Certification is co-sponsored by the American Bankruptcy Institute and the Commercial Law League of America. The ABC Board of Directors consists of many of the nation's finest bankruptcy and creditors' rights lawyers, former judges, and law professors.
mike@doanlaw.com
2850 Pio Pico Drive, Suite D
Carlsbad, CA 92008
phone: 760.450.3333
fax: 760.720.6082
(800) 380-DOAN
www.doanlaw.comSee Authors Posts (120) on Nov 4, 2009 in Bankruptcy Myths, Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy, General Bankruptcy Information, Life After Bankruptcy | 0 Comments
So what happens to your security clearance if you file for bankruptcy protection? Is it revoked? Will you be terminated from your job? Will you be demoted? Does your salary decrease?
While there are bankruptcy code provisions that regulate the public and private sector over discriminations in employment when one files for bankruptcy protection, most employers also have policies and procedures they abide by when when is comes to determining future security clearances after bankruptcy.
To start, the Bankruptcy Code provides at 11 USC 525 that employment discriminations are prohibited by public and private employers against individuals that file for bankruptcy protection: Read the rest
By Wayne Novick Ohio Bankruptcy Lawyer
closeAuthor: Wayne Novick Ohio Bankruptcy Lawyer
Name: Wayne Novick Ohio Bankruptcy Lawyer
Email: GRATEFULLAWYER@gmail.com
Site: http://www.gratefullawyer.com
About: Bankruptcy lawyer located in South Dayton.
Helping indidivuals for over 27 years.
Bringing a helpful hand to a stressful time
member of American Bankruptcy Law Forum, National Association of Consumer Bankruptcy Lawyers, Dayton Bar Association Bankruptcy Chariman.
married with 2 children
former soccer coach
DeadheadSee Authors Posts (17) on Nov 4, 2009 in Benefits of Bankruptcy, Your Bankruptcy Attorney & You | 0 Comments
All my bags are packed. I’m ready to go. Got my code in hand and I’m leavin on a jet plane. Don’t know when I’m coming back.
Tomorrow I leave for Tuscon and the start of another National Association of Consumer Bankruptcy Attorneys Convention. You can always tell the NACBA Lawyer when they are heading to the convention. They are wide eyed and ready learn new things to help thier clients, meet others laweys and of course have a good time.
You can always spot them leaving. They are worn out but have a glow. These lawyers are ready to return to their towns all fired up and ready to help debtors. Read the rest
By L. Jed Berliner, Western & Central Massachusetts Bankruptcy Attorney
closeAuthor: L. Jed Berliner, Western & Central Massachusetts Bankruptcy Attorney
Name: L. Jed Berliner, Western & Central Massachusetts Bankruptcy Attorney
Email: jed@berlinerlaw.com
Site: http://www.berlinerlaw.com
About: Attorney L. Jed Berliner has concentrated his law practice in bankruptcy, commercial litigation, creditors' rights and debtor's remedies since 1982, having generally practiced since 1976. He opened the Berliner Law Firm of Springfield, Massachusetts in 1988 and now practices exclusively in consumer bankruptcy and related consumer protection litigation.
Attorney Berliner received his Bachelor of Arts Degree from Cornell University in 1972, and his Juris Doctor degree from the University of Kansas in 1977. He practiced general law in northern Michigan, established a bankruptcy concentration in Boston, MA in 1982, and established his Springfield, MA practice in 1988.
Attorney Berliner is a regular and active contributor to the Bankruptcy Law Network, the Bankruptcy Roundtable, and the National Association of Consumer Bankruptcy Attorneys, three specialized consumer bankruptcy forums on the Internet, and is an informal mentor to regional practitioners. He contributed to the local rules on electronic filing rules and is recognized by his peers as an expert in consumer bankruptcy issues. He thoroughly enjoys being rated "excellent" in his client surveys.See Authors Posts (147) on Nov 2, 2009 in Bankruptcy Cases & Legislation, Bankruptcy Practice and Procedure, Exemptions In Bankruptcy | 0 Comments
Any reader of the Massachusetts Homestead Act must conclude that it only protects homes from contracts incurred after the declaration is recorded. This is not true in the bankruptcy context.
This reading was first confirmed by the Van Rye Massachusetts bankruptcy court decision in 1995. A different bankruptcy judge then ruled otherwise in the 1996 Boucher decision, declaring that only Congress could define which debts were discharged and which were not, and nothing from Congress went to the timing of the homestead declaration’s filing. I was one of the 20,000 or so attorneys who fell out of our chairs over the shock of this ruling.
Two other Massachusetts judges ruled in favor of the 1996 Boucher decision. The Van Rye judge stood firm in his 1997 decision (Fracasso). A number of the cases went up on appeal and the First Circuit held in 1998 in favor of that 1996 Boucher decision (Patriot Portfolio, LLC v. Weinstein). The U.S. Supreme Court refused to accept a further appeal.
So it’s fine to record a homestead declaration after a contracted debt and protect your home in bankruptcy, but be absolutely certain that the declaration is recorded before the bankruptcy filing. Read the rest
By Susanne Robicsek, North Carolina Bankruptcy Attorney
closeAuthor: Susanne Robicsek, North Carolina Bankruptcy Attorney
Name: Susanne Robicsek, North Carolina Bankruptcy Attorney
Email: NCBankruptcyLawyer@gmail.com
Site: http://www.robicsek.com
About: Concentrating in Consumer Bankruptcy Law since 1988;
Wake Forest Law School JD 1987
Law Office of Susanne M. Robicsek since 1993,
Law Clerk to Judge Rufus Reynolds, US Bankruptcy Judge for Middle District of NC; Burns Price & Arneke, PA, David Badger and Associates, PA.See Authors Posts (136) on Nov 1, 2009 in General Bankruptcy Information | 0 Comments
Clients who fail the bankruptcy “Means Test” and have to file a Chapter 13 bankruptcy case look at me as though they have been given a death sentence. I reassure them that Chapter 13 bankruptcy is not the end of the world.
The fact of the matter is that they are almost always usually much better off in Chapter 13 then they ever would have been without filing bankruptcy at all. If you fail the means test, you may not be able to file a Chapter 7 bankruptcy. While the thought of filing Chapter 7 and walking away from all unsecured debts is tempting, Chapter 13 can reduce payments to a very low percentage of what is owe.
Chapter 13 bankruptcy plans consolidate all payments into one payment, so many people find that it is easier not having to worry about juggling payments. There are many advantages to Chapter 13 bankruptcy. Read the rest
By Jill Michaux, Kansas Bankruptcy Attorney
closeAuthor: Jill Michaux, Kansas Bankruptcy Attorney
Name: Jill Michaux
Email: jill.michaux@neismichaux.com
Site: http://www.bankruptcykansas.info
About: Topeka's Consumer Bankruptcy Specialist, Jill A Michaux is the managing partner of the law firm, Neis & Michaux, P.A. She practices law with her husband, Mark W. Neis.
She has helped consumers with debt problems in bankruptcy since 1980. She is board certified consumer bankruptcy by the American Board of Certification since 1992.
You may reach her at her office in Suite 825 of the Bank of America Tower at 6th Street and Kansas Avenue in downtown Topeka, 534 S. Kansas Ave., Ste. 825, Topeka, KS 66603-3446.
Telephone: 785-354-1471 or 866-354-1471
Fax: 785-354-1170
Website: www.bankruptcykansas.info
Blog: www.bankruptcylawnetwork.com
E-mail: jill.michaux@neismichaux.comSee Authors Posts (130) on Nov 1, 2009 in General Bankruptcy Information, Your Bankruptcy Attorney & You | 0 Comments
Bankruptcy Law Network member and author, Craig Andresen of Bloomington, Minnesota, has been named Member of the Month for October 2009 by the National Association of Consumer Bankruptcy Attorneys.
He is the tenth member of Bankruptcy Law Network to be recognized as member of the month for service to NACBA and the field of consumer bankruptcy law. Others named are Kurt O’Keefe, Susanne Robicsek and Brett Weiss in 2008, Cathy Moran, Peter Orville and Wendell Sherk in 2007, and Karen Oakes, Jill Michaux and Gene Melchionne in 2006.
According to the NACBA newsletter, ‘Craig especially enjoys cases that might not be easy or that might involve challenges from adverse parties. And he offers the following perspective on the origins of bankruptcy protection: ‘I’m fond of remembering that the idea of periodic debt forgiveness came to Western civilization by means of the Old Testament. It’s so ingrained in our culture that even non-attorneys seem to know there’s something immutable about Chapter 7 and the need to forgive debt when it’s necessary.’ ” Read the rest
By Wayne Novick Ohio Bankruptcy Lawyer
closeAuthor: Wayne Novick Ohio Bankruptcy Lawyer
Name: Wayne Novick Ohio Bankruptcy Lawyer
Email: GRATEFULLAWYER@gmail.com
Site: http://www.gratefullawyer.com
About: Bankruptcy lawyer located in South Dayton.
Helping indidivuals for over 27 years.
Bringing a helpful hand to a stressful time
member of American Bankruptcy Law Forum, National Association of Consumer Bankruptcy Lawyers, Dayton Bar Association Bankruptcy Chariman.
married with 2 children
former soccer coach
DeadheadSee Authors Posts (17) on Nov 1, 2009 in Chapter 13 Bankruptcy, Featured, General Bankruptcy Information | 0 Comments
If you have received a dismissal in your Chapter13 you should immediately be in touch with your bankruptcy lawyer to go over your options.
The dismissal mean you have not completed your Chapter 13 and the court has dismissed your case. You are almost back in the same situation as you were before you filed bankruptcy. You may actually be in a worse scenario.
There are also sorts of things that can happen as soon as you are dismissed so it is important to contact your lawyer immediately. Read the rest
By Kevin Gipson, New Orleans Bankruptcy Attorney
closeAuthor: Kevin Gipson, New Orleans Bankruptcy Attorney
Name: Kevin Gipson, New Orleans Bankruptcy Attorney
Email: gipsonk@gmail.com
Site: http://www.kevingipson.com
About: Kevin Gipson is a consumer bankruptcy law attorney practicing in the Greater New Orleans area. He has been representing consumer debtors for over 22 years.
He is licensed to practice in all state and federal courts in the State of Louisiana.
Kevin is a sole practitioner so you know that your debt matters are being handled by him personally.
He is a member of the Louisiana Bar Association, National Association of Consumer Bankruptcy Attorneys, the Bankruptcy Law Network, Credit Law Network, Debt Law Network, and Mortgage Law Network.See Authors Posts (113) on Oct 31, 2009 in General Bankruptcy Information | 0 Comments
A change in the Median Family Income used to determine eligibility to file a bankruptcy changes on November 1, 2009.
The Median Family Income for Louisiana beginning November 1, 2009 is as follows:
One Person: $37,464.00
Two Persons: $48,287.00
Three Persons: $53,461.00
Four Persons: $66,256.00
For each additional person in the household and additional $6,900.00 is allowed.