It is well-established fact that MBNA was among the top contributors to BAPCPA, and was one of the primary engines, if not the primary engine, behind its passage. The problem, decried MBNA and its partners in the credit industry, is that Debtors are filing bankruptcy in bad faith, and that there are not sufficient [...]

Popularity: 8% [?]

The very first post on this forum asked the question: “How Will The Trustee Know?” Written by Florida attorney, Chip Parker, the article stressed and really emphasized the need for honesty in bankruptcy schedules. The U.S. Bankruptcy Code provides that debtors seeking protection must “disclose” all their assets, all their [...]

Popularity: 10% [?]

Many times in the past I have been asked by potential clients whether they could be imprisoned for getting behind on credit card payments or failing to pay old debts. Invariably my answer has been in the negative. Of course it has. The concept of the debtors’ prison is extremely antiquated. [...]

Popularity: 9% [?]

As a consumer bankruptcy attorney I get calls every day from people desperate to see a bankruptcy attorney as soon as possible. Many are facing a foreclosure sale in days, or even hours, and there is precious little time to get in to see an attorney, let alone to get the information together to file [...]

Popularity: 3% [?]

Bankruptcy and divorce law do not always play well together.  Here’s how it looks after the October, 2005 reforms.
Child custody and visitation:  Not affected at all by bankruptcy.  No change from prior law.  (Bankruptcy is only about money, folks.) 
If you liked that post, then try these…Reduce Your Car Loan by L. Jed Berliner, Springfield Bankruptcy [...]

Popularity: 12% [?]

Consumers have less than two weeks to let the Federal Reserve Board know what they think about the Fed’s proposal to overhaul the rules regarding credit card disclosures. The Fed, which has authority to issue regulations governing credit cards under the Truth in Lending Act, issued a comprehensive proposal in June of this year. The [...]

Popularity: 3% [?]

W.H. “Bill” Griffin is the Standing Trustee for all chapter 13 bankruptcy cases filed in Kansas City, Kansas.
Chapter 13 bankruptcy plan payments to this trustee may be made by check or money order, no cash, and mailed to the trustee’s office at 4350 Shawnee Mission Parkway, Ste. 13, Fairway, Kansas 66205. Payments may [...]

Popularity: 3% [?]

If you choose to surrender your home in a Chapter 7, when do you have to move out?
If you liked that post, then try these…Low Cost Or No Cost Bankruptcy Representation: Illegal Under The 2005 Bankruptcy Act? NO! by Karen Oakes, Southern Oregon Bankruptcy AttorneyU.S. Trustee Bankruptcy Information Sheet in Vietnamese by [...]

Popularity: 8% [?]

Faced with a seemingly endless number of questions about their financial life, bankruptcy debtors are tempted to give the bankruptcy papers just a lick and a promise. Yesterday, my conscientious debtor beat an IRS lien because his statement of financial affairs filed in his bankruptcy case showed he didn’t live in the county [...]

Popularity: 11% [?]

When a consumer elects to reaffirm a loan in Chapter 7, can the bankruptcy court approve it if the consumer’s lawyer does not? Different courts have different answers to this question.
Bankruptcy law requires the debtor to reaffirm, redeem or surrender personal property loans within (no later than) 45-days after their creditor meeting. If [...]

Popularity: 7% [?]