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Archive for November, 2007

Know Your Pennsylvania Bankruptcy Judge’s Judicial Practices and Procedures - Part Two: Middle District of Pennsylvania »

By Stephen Otto, Pennsylvania Bankruptcy Attorney on Nov 16, 2007 in Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Lawyer to Lawyer, Pennsylvania | 0 Comments

When appearing before a Pennsylvania bankruptcy judge, it is important to not only to be familiar with the Federal and local rules of procedure, but also to check the preferences of the judge before whom you are appearing.
In the Middle District of Pennsylvania, the general website is http://www.pamb.uscourts.gov/index.html.  There are three bankruptcy judges in the [...]

Don’t Sign Your Bankruptcy Petition Unless You Have Carefully Reviewed It First! »

By Peter Orville, Attorney at Law on Nov 15, 2007 in Bankruptcy Practice and Procedure, General Bankruptcy Information, Your Bankruptcy Attorney & You | 0 Comments

Before filing for bankruptcy, all of my bankruptcy clients must come to my office for a final review of their bankruptcy petition.  Often a client will tell me that they feel they don’t really have to fully review the petition because they are sure that I got everything right.  Sometimes they tell me that they [...]

Know Your Pennsylvania Bankruptcy Judge’s Judicial Practices and Procedures - Part One: Eastern District of Pennsylvania »

By Stephen Otto, Pennsylvania Bankruptcy Attorney on Nov 15, 2007 in Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Lawyer to Lawyer, Pennsylvania | 0 Comments

When appearing before a Pennsylvania bankruptcy judge, it is important to not only to be familiar with the Federal and local rules of procedure, but also to check the preferences of the judge before whom you are appearing.
In the Eastern District of Pennsylvania, the general website is http://www.paeb.uscourts.gov/.  There are five bankruptcy judges sitting in [...]

Should I File Bankruptcy Now Or Wait Until After The Holidays? »

By Douglas Jacobs, California Bankruptcy Attorney on Nov 14, 2007 in General Bankruptcy Information | 0 Comments

There are many reasons to file for relief under the Bankruptcy act, and those reasons may dictate the timing of when you file.  For example, if your wages are about to be garnished or your home is in foreclosure, filing a petition in Bankruptcy will stop it.
If, however, you can wait a couple of months [...]

Do You Suffer from “Disappearing Cash” Syndrome? »

By Jonathan Ginsberg, Atlanta Bankruptcy Attorney on Nov 14, 2007 in General Bankruptcy Information | 0 Comments

A recent survey by Visa reports that half of all Americans admit to spending $120 in cash each week, but can only account for $75. This means that over $2,300 “disappears” each year.
Where does this money go?
If you liked that post, then try these…Think Your Personal Info Is Safe? Look At Local Records Online [...]

Wanted-Exemption for Earned Income Credit »

By Däna Wilkinson, Attorney at Law on Nov 14, 2007 in Chapter 7 Bankruptcy, South Carolina | 0 Comments

The earned income credit, created by 26 U.S.C. §32 (1994), is a refundable tax credit provided for low income workers who have dependent children and who maintain a household. The earned income credit is paid as a tax refund. In other words, if the earned income credit exceeds a person’s tax liability, the [...]

Earned Income Credit Seized to Pay Student Loans »

By Kent Anderson, Oregon Bankruptcy Attorney on Nov 13, 2007 in Benefits of Bankruptcy, Debts Not Dischargeable, General Bankruptcy Information, Life After Bankruptcy | 2 Comments

After her earned income credit was seized to pay her student loans, a mentally and physically disabled mother of two became disheartened and stopped applying for it.  The US Bankruptcy Court in the Northern District of Ohio, Western Division, ruled that her failure to apply for the earned income credit constituted bad faith, and used this as [...]

Trading A Structured Settlement to “Get Cash Now” - Cousin to Predatory Lending? »

By Stephen Otto, Pennsylvania Bankruptcy Attorney on Nov 11, 2007 in General Bankruptcy Information | 0 Comments

We’ve all see the television commercials…”get one lump sum now for your structured settlement.” The commercials boast “why wait” and “you deserve your money now.” Testimonials are given by individuals who needed these lump sums quickly to pay off credit card debt or other items such as student loans.
How wise are these buyouts? And are [...]

The Western District of Pennsylvania’s Bankruptcy Court Defends Captioning Rules »

By Stephen Otto, Pennsylvania Bankruptcy Attorney on Nov 10, 2007 in Bankruptcy Cases & Legislation, Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy, Lawyer to Lawyer, Pennsylvania | 0 Comments

For the sake of safe-guarding the due process rights of creditors involved in bankruptcy proceedings in the Western District of Pennsylvania, local rules of procedure require debtors to list each and every creditor by name as respondents in Motions which affect their rights.  The rule was instituted shortly after BAPCPA took effect on October 17, 2005 [...]

Chapter 13: What If My Case Just Got Dismissed? »

By Craig Andresen, Attorney at Law on Nov 10, 2007 in Bankruptcy Practice and Procedure, Bankruptcy Protection & Automatic Stay, Chapter 13 Bankruptcy, General Bankruptcy Information | 0 Comments

If your chapter 13 case was recently dismissed, is the situation truly hopeless?  What if the chapter 13 was filed to catch up on past due house payments, or to avoid repossession of a much-needed automobile, or to stop a wage garnishment by the IRS?  In these situations, the chapter 13 was probably a godsend; its [...]

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