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Archive for April 11th, 2008

What is Cash Collateral? »

Cash collateral is usually only an issue in business bankruptcy cases. Cash collateral is defined as “cash, negotiable instruments, documents of title, securities, deposit accounts, or other cash equivalents,” 11 U.S.C. § 363(a), in which a creditor has a lien.
An example is when a creditor has a security interest in inventories and their proceeds. [...]

Paying Family Members Back Before a Bankruptcy »

When a person is in financial trouble, it’s natural to look to family members for support. It’s also natural to want to pay back family members and not other creditors (like credit card creditors) before a bankruptcy. However, this is a bad idea and a classic pitfall for people planning a bankruptcy.
This is [...]

Just One More Time For The Record: Think, Twice, Thrice, Many More Times Before You Ever Decide To Represent Yourself! »

There are several articles throughout BLN that tell you about why you should not represent yourself. This is so important that I am going to remind you again about why you probably do not want to take a chance and represent yourself. In fact I think all us will continue to tell you [...]

Transferring Property Before Filing Bankruptcy, Without Being Paid For It: How to Fix the Problem, Part Two of Two »

Part One of this article discussed the nature of the legal problems created by a transfer of property (real estate, a stock account, or some other valuable asset), for less than fair value, by a debtor prior to filing bankruptcy.  Part Two will discuss what, if anything, can be done to fix these problems.
If the debtor desires to file [...]

Five Tricks & One Trap For the Bankruptcy Means Test »

An above-median income Chapter 7 debtor must pass the Means Test to avoid a mandatory five year Chapter 13 case. The Means Test takes the debtor’s income, subtracts IRS-allowed expenses and secured debt payments, and forces a Chapter 13 filing if the difference can pay a sufficient amount of debt. Here’s a short list of [...]