Archive for May 11th, 2007
By Susanne Robicsek, North Carolina Bankruptcy Attorney
closeAuthor: Susanne Robicsek, North Carolina Bankruptcy Attorney
Name: Susanne Robicsek, North Carolina Bankruptcy Attorney
Email: NCBankruptcyHelp@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 (93) on May 11, 2007 in Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, General Bankruptcy Information | 1 Comment
“TRUE INCOME”
Chapter 7 and Chapter 13 bankruptcy debtors are required to report true gross income from all sources for the year a bankruptcy is filed in, and the two years preceding the filing. That would include (but is not limited to) all employment income, investment income, rental income, etc. They are also required to [...]
By Brett Weiss, Maryland Bankruptcy Attorney
closeAuthor: Brett Weiss, Maryland Bankruptcy Attorney
Name: Brett Weiss, Maryland Bankruptcy Attorney
Email: brett@BankruptcyLawMaryland.com
Site: http://www.BankruptcyLawMaryland.com
About: Brett Weiss has been practicing in the areas of bankruptcy for the past 24 years.
Mr. Weiss has received international media attention in connection with the cases he had handled. He has been interviewed by Barbara Walters on The View, appeared on the Today Show, Good Morning America, ABC News with Peter Jennings, the Montel Williams Show, BBC World Service, German state television, and numerous local radio and television programs, and been quoted in Money magazine, The Washington Post and The Baltimore Sun, among others.
An honors graduate and award-winning National Moot Court Competition national finalist at the University of Maryland School of Law, Mr. Weiss served as law clerk to the Chief Administrative Judge of the Anne Arundel County Circuit Court before entering into private practice. Mr. Weiss has over twenty years of practical legal experience, trying hundreds of cases within that time. Regularly appearing before the United States Bankruptcy Court, state and federal courts throughout the State of Maryland and the District of Columbia, he is a strong advocate for his clients.See Authors Posts (87) on May 11, 2007 in Bankruptcy Practice and Procedure, Benefits of Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, General Bankruptcy Information, Life After Bankruptcy, Maryland, Personal Finance | 0 Comments
One question I’m often asked is whether someone loses the ability to get student loans if they file for bankruptcy. The short answer is, “No.”
Section 525(c)(1) of the Bankruptcy Code specifically states that a student loan, grant, guarantee or insurance cannot be denied to someone because they filed for bankruptcy.
I’ve had many clients who took [...]
By Brett Weiss, Maryland Bankruptcy AttorneycloseAuthor: Brett Weiss, Maryland Bankruptcy Attorney
Name: Brett Weiss, Maryland Bankruptcy Attorney
Email: brett@BankruptcyLawMaryland.com
Site: http://www.BankruptcyLawMaryland.com
About: Brett Weiss has been practicing in the areas of bankruptcy for the past 24 years.
Mr. Weiss has received international media attention in connection with the cases he had handled. He has been interviewed by Barbara Walters on The View, appeared on the Today Show, Good Morning America, ABC News with Peter Jennings, the Montel Williams Show, BBC World Service, German state television, and numerous local radio and television programs, and been quoted in Money magazine, The Washington Post and The Baltimore Sun, among others.
An honors graduate and award-winning National Moot Court Competition national finalist at the University of Maryland School of Law, Mr. Weiss served as law clerk to the Chief Administrative Judge of the Anne Arundel County Circuit Court before entering into private practice. Mr. Weiss has over twenty years of practical legal experience, trying hundreds of cases within that time. Regularly appearing before the United States Bankruptcy Court, state and federal courts throughout the State of Maryland and the District of Columbia, he is a strong advocate for his clients.See Authors Posts (87) on May 11, 2007 in Benefits of Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, General Bankruptcy Information, Life After Bankruptcy, Maryland | 0 Comments
One question I am often asked is whether someone can be fired if they file for bankruptcy. The short answer is, “No.”
The Bankruptcy Code contains specific protections for people who file. Section 525(b)() says, “No private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or her [...]
By Susanne Robicsek, North Carolina Bankruptcy AttorneycloseAuthor: Susanne Robicsek, North Carolina Bankruptcy Attorney
Name: Susanne Robicsek, North Carolina Bankruptcy Attorney
Email: NCBankruptcyHelp@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 (93) on May 11, 2007 in Chapter 7 Bankruptcy, General Bankruptcy Information | 3 Comments
PART ONE: INTRODUCTION
There are three different types of income and expenses reported in all bankruptcy petitions, whether Chapter 7 bankruptcy or Chapter 13 bankruptcy is filed.
I call them True Income, Projected Income, and CMI also known as Means Test Income.
True and projected income have always been required to be contained in bankruptcy petitions by the [...]
By Jonathan Ginsberg, Atlanta Bankruptcy Attorney
closeAuthor: Jonathan Ginsberg, Atlanta Bankruptcy Attorney
Name: Jonathan Ginsberg, Atlanta Bankruptcy Attorney
Email: ginsberg@gmail.com
Site: http://www.atlanta-bankruptcy-attorney.com
About: See Authors Posts (114) on May 11, 2007 in Reaffirmation of Debts | 0 Comments
This past February, my colleague and fellow Bankruptcy Law Network blogger Brian Methner wrote a helpful summary about reaffirming a debt in Chapter 7. What happens, however, if a debt is not reaffirmed?
If you liked that post, then try these…Over Mileage Vehicle Leases in Chapter 7 and Chapter 13 by Craig Andresen, Attorney at [...]
By Däna Wilkinson, Attorney at Law
closeAuthor: Däna Wilkinson, Attorney at Law
Name: Däna Wilkinson, Attorney at Law
Email: danawilkinson@danawilkinsonlaw.com
Site: http://www.danawilkinsonlaw.com
About: My name is Däna (pronounced “Donna”) Wilkinson, and I’ve been a bankruptcy lawyer for 20 years. I went to law school at the University of South Carolina, worked for two bankruptcy judges, and practiced for a number of years with bankruptcy boutique firms. In fact, I’ve never practiced any other kind of law.
I’m certified as a bankruptcy specialist by the South Carolina Supreme Court, which means that I’ve taken and passed a proficiency examination on bankruptcy law, devoted my practice primarily to bankruptcy for a number of years, and have continued to take classes on bankruptcy law and related issues.
In 1998 I opened my own practice, focused on representing ordinary people who find themselves overwhelmed by debt. I enjoy the work, and I like the freedom of being my own boss. One benefit is that I can focus on the needs of my clients, and craft an approach that is based on what is important to them. I don’t have a “one size fits all” mentality about what is best for my clients. My goal is to advise my clients of the options they have to deal with their financial difficulties, and whenever possible help them make a fresh start.See Authors Posts (89) on May 11, 2007 in Bankruptcy Practice and Procedure, General Bankruptcy Information, South Carolina | 0 Comments
Carmen Delutri wrote this about how she handles the initial consultation with prospective clients. Her procedure is remarkably similar to mine, and most other debtor’s lawyers do something similar. Some may request a little less information, some a little more, but the process is roughly the same, and that’s for good reason. [...]
By Cathy Moran, California bankruptcy lawyer
closeAuthor: Cathy Moran, California bankruptcy lawyer
Name: Cathy Moran, California bankruptcy lawyer
Email: cathymoran@gmail.com
Site: http://www.moranlaw.net
About: I'm a certified specialist in bankruptcy law (California State Bar Board of Legal Specialization) practicing in the San Francisco Bay Area for over 25 years. My proudest professional accomplishment is authorship of Bankruptcy in Brief at www.moranlaw.net, perhaps the web's most comprehensive web site on bankruptcy basics.See Authors Posts (119) on May 11, 2007 in Bankruptcy Cases of Interest, California, Discharge, What Can and Cannot Be Forgiven, General Bankruptcy Information, Marriage and Debt | 0 Comments
The usual rule in bankruptcy is that an individual’s discharge only relieves the debtor of liability for a debt. Anyone else liable on the debt with the debtor remains liable.
As a recent decision in California illustrates, in a community property state, a community creditor cannot reach the post bankruptcy wages of either spouse, as those [...]
By Däna Wilkinson, Attorney at LawcloseAuthor: Däna Wilkinson, Attorney at Law
Name: Däna Wilkinson, Attorney at Law
Email: danawilkinson@danawilkinsonlaw.com
Site: http://www.danawilkinsonlaw.com
About: My name is Däna (pronounced “Donna”) Wilkinson, and I’ve been a bankruptcy lawyer for 20 years. I went to law school at the University of South Carolina, worked for two bankruptcy judges, and practiced for a number of years with bankruptcy boutique firms. In fact, I’ve never practiced any other kind of law.
I’m certified as a bankruptcy specialist by the South Carolina Supreme Court, which means that I’ve taken and passed a proficiency examination on bankruptcy law, devoted my practice primarily to bankruptcy for a number of years, and have continued to take classes on bankruptcy law and related issues.
In 1998 I opened my own practice, focused on representing ordinary people who find themselves overwhelmed by debt. I enjoy the work, and I like the freedom of being my own boss. One benefit is that I can focus on the needs of my clients, and craft an approach that is based on what is important to them. I don’t have a “one size fits all” mentality about what is best for my clients. My goal is to advise my clients of the options they have to deal with their financial difficulties, and whenever possible help them make a fresh start.See Authors Posts (89) on May 11, 2007 in General Bankruptcy Information, Mortgages, Personal Finance, South Carolina | 0 Comments
Well, this is interesting. It seems that, instead of the usual borrower’s claims against the mortgage servicer, the claim in Super Future Equities, Inc. v. Wells Fargo, et al., is that the mortgage servicers are handling matters in such a way as to benefit themselves, rather than the underlying mortgage holders (and, incidentally, the [...]
