Archive for May, 2007

Ninth Circuit Tags Software Provider for Unauthorized Practice of Law »

The Ninth Circuit Court of Appeals has found that a web-based software provider was a bankruptcy petition preparer and was engaged in the unauthorized practice of law.  The decision was based to a large extent on the relative sophistication of its operation:
The court found that several features of the software and how it was presented [...]

Popularity: 6% [?]

Florida’s Personal Property Exemption Increased by $4,000 »

The following information is vital for Florida bankruptcy lawyers and non-homeowners on the verge of filing Chapter 7 bankruptcy in Florida.
The Florida legislature recently passed bill CS/SB 2118, which amends Florida Statutes Section 222.25, to increase to $4,000 from $1,000 the amount of personal property exempt from creditor claims, provided that the debtor does not receive [...]

Popularity: 6% [?]

States Urge Federal Government To Protect Consumers »

Michigan officials have called on federal counterparts to increase efforts to protect consumers from predatory lending practices and fraud.
In April, the U.S. Supreme Court in a 5-3 ruling held that Michigan could not regulate lending by a mortgage subsidiary of a national bank, blocking the state’s efforts to enforce strict consumer protection laws on these [...]

Popularity: 6% [?]

Domestic Support Obligation: Dischargeable In A Chapter 7 Bankruptcy? »

BAPCPA, the new bankruptcy law which went into effect in October 2005, changed many things in the bankruptcy code. One of those things was the treatment of “a domestic support obligation.” That form of debt includes money owed to a spouse, former spouse, child, etc. for child support, to a spouse or former [...]

Popularity: 6% [?]

Power to Avoid Judgment Liens »

The Bankruptcy Code gives individuals a powerful tool for a fresh start: the power to eliminate judgment liens on assets otherwise exempt. So, where in most cases bankruptcy deals with the assets and debts that the individual has on the date they file bankruptcy, the power to avoid liens allows the debtor to [...]

Popularity: 6% [?]

How Can I Rebuild My Credit After Bankruptcy? »

I have always referred to bankruptcy as a tool in the toolbox. In other words, bankruptcy is but one step toward fixing your financial troubles. You must also think in terms of life after bankruptcy, and rebuilding your credit will help to stabilize your financial future.  However, attorney Justin Harelik notes in his recent article [...]

Popularity: 7% [?]

Does eBay Income Count as Income for Bankruptcy Purposes? »

I received this email from a prospective client named Amy. She raises an interesting question about identifying income for disclosure purposes:
We are going to be filing Chapter 7 Bankruptcy and I have been selling some things on Amazon.com for 4 or 5 months now to help make ends meat. I have not reported it as [...]

Popularity: 5% [?]

What Is The Difference Between Chapter 7, Chapter 9, Chapter 11, Chapter 12 and Chapter 13 Bankruptcy? »

There are five different kinds of bankruptcy cases:
Chapters 7, 9, 11, 12. and 13.
They are named after the chapters of the bankruptcy code book that contains the rules specific to that kind of bankruptcy.
These five kinds of cases are divided into two different types of bankruptcy cases:
1) Straight/Liquidation - Chapter 7 only.
2) Reorganization - Chapters [...]

Popularity: 9% [?]

MICHIGAN’S PROPERTY TAX TRAP: EFFECT ON MORTGAGE PAYMENTS »

Along with the national surprise of increased monthly mortgage payments due to the expiration of teaser ARM rates, many new home buyers in Michigan get an added jolt to the pocketbook.
Usually undisclosed by realtors and mortgage companies, property tax bills can jump 100% or more in the first year.
If you liked that post, then try [...]

Popularity: 7% [?]

Which Financial Management Course Should I Choose? »

As of October 17, 2005, each debtor filing a new chapter 7 or chapter 13 voluntary bankruptcy case must comply with Section 111 and Section 727 in order to receive a discharge of debts.
Commonly known as the “Financial Management” requirement, these sections require that a debtor must complete an instructional course in personal financial management, [...]

Popularity: 6% [?]