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 [...]
May 2007
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 [...]
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 [...]
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 spouse for [...]
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 turn the [...]
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 [...]
