Archive for June, 2007

If I’m Sued, Should I Wait Until After The Case Is Heard To File Bankruptcy? »

A bankruptcy will discharge unsecured debts or judgments based on them.  Therefore, whether you file bankruptcy after you’ve been sued but before you go to court, or after there’s a judgment against you, the debt will go away.
The big difference is, of course, that lawsuits can be expensive and emotionally draining.  If you’re going to [...]

Popularity: 5% [?]

Case Study: Special Needs Trust Transfers »

Sometimes it takes a lot of ‘do-gooders’ to make a village. With the help of an attentive social worker and some public-minded attorneys, a disabled woman in Minnesota was able to save her inheritance and get out of debt run up by an exploitive friend. Her trip through bankruptcy helped close the deal.
If [...]

Popularity: 6% [?]

Connecticut Bankruptcy Hearings — Hartford Court »

Connecticut has three Bankruptcy Courts: in Bridgeport, Hartford and New Haven.
If you live in Hartford, Tolland or Windham counties, you are considered to be in the Hartford Division. Your Meeting of Creditors, Confirmation Hearing (in a Chapter 13 case) and other Court proceedings are held at the Ribicoff Federal Courthouse, 450 Main Street, Hartford, CT [...]

Popularity: 5% [?]

Documents and Bankruptcy »

No one is more unhappy than your bankruptcy attorney about the extensive document requirements, and the related sanctions and denial of bankruptcy protections if the documents are not provided. The 60 pages of the bankruptcy package must be internally consistent to avoid an investigation by the U.S. Department of Justice.
If you liked that post, then [...]

Popularity: 5% [?]

How Do I Pay My Bankruptcy Attorney? »

Bankrate.com offers five tips to help debtors find affordable attorneys to help them file bankruptcy. The post quotes a range of fees, and then goes on to note that many attorneys offer payment plans, or that some or all of those fees may be paid through a Chapter 13 plan. I had the [...]

Popularity: 14% [?]

Connecticut Bankruptcy Hearings — Bridgeport Court »

Connecticut has three Bankruptcy Courts: in Bridgeport, Hartford and New Haven.
If you live in Fairfield County, you are considered to be in the Bridgeport Division unless you live in the Towns of Monroe, Shelton, and Stratford. Those three towns file in the New Haven division. Your Meeting of Creditors is held at the U.S. [...]

Popularity: 6% [?]

Who is the Bankruptcy Trustee? »

Just as with everything involving the Government, there is the Bankruptcy Trustee and there is the Interim Bankruptcy Trustee. The U.S. Trustee is a full-time employee of the U.S. Department of Justice, which is the same federal department in charge of the FBI.
The Interim Trustee is the person assigned to your case. He [...]

Popularity: 5% [?]

Spend a Little Time Identifying the Legal Name of Your Creditors Now, and Avoid Big Problems Later »

In my bankruptcy practice, I always recommend that my clients obtain copies of their credit reports. Why? After 20 years of representing debtors in my consumer bankruptcy practice I know that there is a good chance that my clients have one or more creditors they have forgotten about or quite possibly that they have [...]

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If I Live In California, Can I Discharge A Student Loan In Bankruptcy? »

Probably not. Bankruptcy law allows you to discharge a student loan only if having to pay it will create an “undue hardship.” Unfortunately, that’s a pretty tough standard to overcome.
Andy Miofsky wrote an excellent comment about student loans in Illinois and what “undue burden” means. As Andy noted, Illinois, like most of [...]

Popularity: 7% [?]

How long do I save my Bankruptcy papers? »

A common request in most bankruptcy lawyer’s offices are for copies of the bankruptcy papers. There are several papers that are important to keep. The first of these is the actual bankruptcy petition. This document runs anywhere from 40 to 80 pages long depending on the number of your [...]

Popularity: 7% [?]