February 2007

Assumption of Car Leases in Chapter 7

by Nicholas Ortiz, Boston Bankruptcy Attorney

Section 365(p)(2) of the Bankruptcy Code now permits individual chapter 7 debtors to “assume” leases of personal property (like cars). Formerly, only the trustee could assume leases in Chapter 7. This has significance for debtors who lease a car and want to maintain the lease during and after a Chapter 7 case.  The process of [...]

Well, here’s a nice cheery thought to start your week: your local government may well be granting access over the Internet to documents containing: Your Social Security number; Your birthdate; Your address; Even more. Shocking? The problem, as I see it, results from the interplay of state Freedom of Information Laws, coupled with growing awareness [...]

Remember when former House Speaker Newt Gigrich gave us the Contract With America back in 1994? According to a recent article written by Associated Press reporter, Stephen Ohlemacher, the welfare state in America is larger than ever, despite 11 years of federal welfare to work policies.

A provision of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) permits a bankruptcy court to waive the bankruptcy filing fee for individual debtors provided the debtor’s income is less than 150% of the poverty line.  In some cases, Debtors may be able to decrease the cost of their bankruptcy filing using this provision.

If you are facing a foreclosure, repossession, eviction or some other serious threat of property deprivation, and if you are income eligible, you may be able to obtain legal representation free of charge from your LSC-funded local legal aid office. An LSC-funded legal aid office receives most of its funding from Legal Services Corporation. Legal [...]

First Circuit B.A.P. Issues Disposable Income Decision

by Nicholas Ortiz, Boston Bankruptcy Attorney

The First Circuit Bankruptcy Appellate Panel has issued its decision in re Kibbe affirming the bankruptcy court’s determination that actual anticipated income instead of the historically income found on the B22C form shall be used to determine disposable income in Chapter 13 cases. »crosslinked«