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Archive for February, 2007

Bankruptcy Filing Fees May Be Waived for Low Income Debtors »

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 [...]

What If I Can’t Afford a Bankruptcy Attorney to Stop a Foreclosure, Repossession or Eviction? »

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 [...]

Beware of Misleading Bankruptcy Information From Non-Lawyers »

You think you might need to file bankruptcy, so you get on the internet to find out as much as you can in order to help you make a decision. Beware!! Not all the information you find will be accurate. Misinformation from authors who claim to be experts, but who have no [...]

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

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.

Louisiana Bankruptcy Exemptions in Chapter 7 and 13 Bankruptcy Cases (Part 2) »

In Part 1 we discussed the Louisiana homestead exemption.  In this part we outline the more commonly used Louisiana bankruptcy exemptions for personal property.
Those bankruptcy exemptions are:
1)  One motor vehicle with an equity value of $7,500.00 or less.
2)  A wedding or engagement rings worn by either spouse, provided the value of the ring does not [...]

Can I Keep My Rental Property if I File Bankruptcy in Colorado? »

The answer is “it depends.” The greatest factor in determining your ability to keep a piece or property or any asset in bankruptcy is the value of that piece of property. After you know the value of your property you will need to know whether property is exempt.
Each state has different laws that protect your [...]

The Lender Won’t Pick Up My Car »

You’ve decided that you cannot afford the car loan any more and you want to surrender it.  You filed bankruptcy and you stated that you want to surrender the car, and the case is closed.  The lender refuses to pick up the car because of the expense, but it also refuses to release the title.  [...]

Divorce During A Chapter 13 Bankruptcy »

You filed a Chapter 13 bankruptcy to save your home and your car, but now you and your spouse are separated and have filed for divorce. What happens to your case? (See also, What If My Spouse Dies During Our Bankruptcy?).
Every bankruptcy attorney who files Chapter 13 bankruptcies has this issue arise from [...]

Should I use a bankruptcy petition preparer? »

The better question you should ask is - “What is a bankruptcy petition preparer?” Got a typewriter? Got some paper bankruptcy forms? Put the two together and you have a bankruptcy petition preparer.
Current federal law requires attorneys to advise you at your first consult that you do not [...]

Louisiana Bankruptcy Exemptions in Chapter 7 and 13 Bankruptcy Cases (Part 1). »

The property that you as a debtor can keep when you file for bankruptcy depends upon the exemption laws of the state in which you reside. Some states rely on federal exemptions, some states have their on unique exemptions, and some states allow a choice between using the federal or state exemptions. It [...]