By Nicholas Ortiz, Attorney at Law on Apr 11, 2008 in General Bankruptcy Information | 1 Comment
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. [...]
By Nicholas Ortiz, Attorney at Law on Apr 11, 2008 in General Bankruptcy Information | 0 Comments
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 [...]
By Rachel Lynn Foley - Kansas City, MO Bankruptcy on Apr 11, 2008 in Featured, General Bankruptcy Information | 3 Comments
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 [...]
By Craig Andresen, Attorney at Law on Apr 11, 2008 in Bankruptcy Practice and Procedure, General Bankruptcy Information, Protecting Assets In Bankruptcy | 0 Comments
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 [...]
By L. Jed Berliner, Springfield Bankruptcy Attorney on Apr 11, 2008 in Bankruptcy Practice and Procedure, General Bankruptcy Information, Lawyer to Lawyer, Massachusetts, Means Testing, Role Of The Lawyer | 0 Comments
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 [...]