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Archive for December, 2007

Today I Will Run My Own Race! »

When we face any situation in life and we want to change that situation, the first thing we have to do is be honest with ourselves. This is no different when you begin to look at and analyze your financial situation. For many the core of why they are in debt is because [...]

Bankruptcy Reform and Interest Rates: Who Do You Believe? »

It just seems like yesterday that Bankruptcy Attorneys across the nation were discussing the new Bankruptcy law (2005) and how it will change bankruptcy practice. Many bankruptcy judges, scholars and practitioners were vehemently opposed to changing the bankruptcy laws.
Unfortunately, we lost that battle and the new bankruptcy laws were implemented. But, we were [...]

Perks of Employment Count as Income »

Does your employer pay for your rent?  provide use of a vehicle?  pay for personal debts incurred on a company credit card?  If so, the fair market value of these perks must be counted as income for both means test purposes as well as budgeting purposes.
If you liked that post, then try these…More Older Americans [...]

Bankruptcy Appeal Time Extension Proposed »

Litigants will have more time to appeal bankruptcy court rulings under a proposed change in Bankruptcy Rule 8002. Time for filing a notice of appeal would be extended from 10 days to 14 days.
The Advisory Committee on Bankruptcy Rules also seeks public comment on whether the appeal deadline should be extended to 30 days [...]

Soon to be Unemployed Executive Contemplates Bankruptcy »

I received the following email from a gentlemen who lives in Kentucky.  I believe that he found my Atlanta bankruptcy blog and submitted his question to me through the blog contact form.  I asked the gentleman if I could answer his question with a blog post and he agreed. The question is long and has [...]

Student Loan “Hardship Discharge” Very Unlikely »

A couple of recent decisions about student loan discharge should give you an idea about the very limited opportunity for a hardship discharge of student loans.  
If you liked that post, then try these…Jones v. Wells Fargo Scheduled For Oral Argument by Kevin Gipson, New Orleans Bankruptcy AttorneyCan My Chapter 13 Bankruptcy Plan Payments Go Up [...]

Long arm of bankruptcy trustee »

Three kinds of assets acquired after a bankruptcy case is filed become property of the estate and available to pay creditors: inheritances, life insurance proceeds, and marital property divisions.
The usual rule is that bankruptcy affects only assets that the individual owns on the date the case is filed. These three kinds of [...]

Who Are the Trustees in Your Neighborhood? Part II »

If you are in the Western District of Missouri, Kansas City Division, there are 10 Chapter 7 Trustees. You can never choose the trustee for your case, they are assigned by the Court at the time of filing. David C. Stover, is a Chapter 7 and 11 Trustee. Mr. Stover has [...]

Ten Questions to Ask a Bankruptcy Attorney »

Filing bankruptcy is a serious step, and a difficult one for most folks. In addition to being a step most people are very reluctant to take, it is a totally unfamiliar process, too. It can be confusing and stressful. How do you know that you’re asking the right questions? A lot [...]

Pro-Creditor Bankruptcy Reform Fails - Punish the Credit Pushers, Professor Proposes »

Pro-creditor bankruptcy reform has failed and lenders who push easy credit on weak borrowers should be punished, usury rates restored, according to consumer finance commentators.
“Picking the biggest policy mistake of the past few years is no easy task, … but the Bankruptcy Act of 2005 is a leading contender,” according to Dan Geldon of the [...]