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Archive for April 13th, 2008

Proof of Social Security Number at Section 341 Meetings »

Bankruptcy debtors are required to provide evidence of their social security numbers at the Section 341 meeting of creditors.  Of course, a social security card is a good way to do this.  However, these flimsy cards do not always withstand the ravages of time, so alternatives are often needed.  A good option is to go [...]

Exclusions from the Bankruptcy Estate: Education Savings Plans »

The general rule is that all property of the debtor becomes property of the bankruptcy estate once a bankruptcy case is filed. This property is then subject to exemption by the debtor or administration by the trustee (in a Chapter 7 case). However, there are several exclusions from the bankruptcy estate that operate [...]

My Hearing Was Continued Since My Debt Dates Were Incorrect. »

Trustees, the US Trustee, and the Court can be a stickler when it comes to dates, and its not uncommon for your hearing to be continued as a result.  Hopefully, after reading this Blog, no one will ever have a continued hearing as a result of incorrect dates again.
If you liked that post, then try [...]

CHAPTER 7 BANKRUPTCY TRUSTEE FEES »

So you did all that work to prepare your case and file for Chapter 7.  Likewise, your attorney charged you $1000 to $5000 to help you get all the forms correct and represent you in the matter.  So after about 20 to 30 hours later, there are now about 30 to 45 pages of documents [...]

George Will and the simple world »

George Will’s recent column on “economic hypochondria” is both simplistic and elitist. While his point about the extent to which media and politics have magnified the currrent sense of economic doom have substance, his comments on sub prime mortgages and student loans are the product of an Ivy League education and [...]

Rescheduled Foreclosure Sales: Enough Is Enough!! »

How many times may a foreclosing mortgagee reschedule the sale after a bankruptcy is filed?  In Massachusetts, maybe once is enough.
It has been the accepted custom to allow one rescheduled sale, to preserve the status quo in case a bankruptcy filing is quickly dismissed.  But Judge Joel B. Rosenthal’s eyebrows were raised at allegations of [...]

Six Months of Paycheck Stubs: Is It Really a Requirement? »

You may have heard that you need to provide your lawyer with six months of paycheck stubs (advices of payment) if you want to file a bankruptcy case. While most persons will end up doing so, the actual legal requirement is not that stringent.
The bankruptcy law requires, in section 521(a)(1)(B)(iv), that you file with [...]