November 2007

Can I Buy A Car While In Bankruptcy?

by Andy Miofsky, Illinois Bankruptcy Attorney

Yes, you can buy a car while in bankruptcy.  In fact, most people in chapter 13 find a need to replace a car at some point during their case.  Face it, cars break down, are damaged in accidents, or become stolen.  Many of my clients purchase vehicles while in bankruptcy. »crosslinked«

What Can I Expect At My Creditor’s Meeting?

by Susanne Robicsek, North Carolina Bankruptcy Attorney

Every debtor is required to attend the 341 Meeting Of Creditors, but for most consumer debtors this meeting is just a formality that isn’t anything to be afraid of. The meeting occurs in every bankruptcy case, whether it is a Chapter 7, Chapter 11, Chapter 12, or Chapter 13 bankruptcy. For larger cases, especially corporate [...]

TILA As Defense Against Foreclosure

by Kent Anderson, Oregon Bankruptcy Attorney

The Truth in Lending Act, often referred to as TILA (15 USC 1601 et seq.), can provide a defense to foreclosure when other options have failed. The regulations governing home refinance can be complicated, particularly when the loan terms trigger HOEPA, a provision of the Truth in Lending Act governing high interest or high cost [...]

Unfortunately, many people receive their credit reports after filing bankruptcy and obtaining a discharge, only to find that creditors continue to report a balance due, payments are late, or other false information. Such reporting has no legal basis pursuant to state law, federal law, Federal Trade Commission commentary, credit reporting industry standards, debt collector trade [...]

The Bankruptcy Court in the Eastern District of Texas, Tyler Division, recently revoked a debtor’s discharge for (1) failing to schedule certain assets entirely and (2) substantially undervaluing other assets. The Court found the debtor acted with fraudulent intent in intentionally not listing the assets and/or undervaluing the assets and concluded the discharge previously granted [...]

Who Is In Your Wallet?

by Andy Miofsky, Illinois Bankruptcy Attorney

Ask Chris Jupin, he was surprised to find a company named Digismarket.com charged his debit card $4.95. His investigation and comments on his personal blog uncovered hundreds of people with similar charges. Many claim they received unauthorized charges in the same amount for electronic books. Jupin cancelled his card and wrote the company for a [...]