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Archive for April 14th, 2008

Just One More Time For the Record: Think Four Times! »

In Rachel Foley’s recent posting here, she urges readers to think once, twice, three times about trying to represent yourself in bankruptcy. About a month ago, I posted on a “painful to watch” 341 hearing with two debtors who tried to use a bankruptcy petition preparer and save money. Each [...]

180 Day Bar to Subsequent Bankruptcy Filing »

Usually individuals can refile bankruptcy cases after they are dismissed, despite there being limitations on the automatic stay in some circumstances with multiple filings. However, there is an important limitation found in Section 109(g) of the Bankruptcy Code. In cases in which a debtor has voluntarily dismissed his case after the filing of [...]

10th Circuit Holds Chapter 13 Debtor has Standing to Sue on Behalf of Estate »

The 10th Circuit Court of Appeals recently held, joining four other Circuit Courts, that Chapter 13 debtors have standing to sue on behalf of their bankruptcy estate. In the case of Smith v. Rockett the Court noted, over a dissent, that a Chapter 13 debtor was a debtor in possession for purposes of Bankruptcy [...]

Means Test vs. Actual Expenses »

Decisions nationwide are all across the board on whether one should use the IRS-allowed expenses or actual expenses in calculating the Means Test.  A recent decision in Massachusetts made one ruling, on one test, in one set of circumstances, and expressly excluded application to other situations. 
In a Chapter 13 case, a debtor meets Chapter 13’s [...]

No Tax Stimulus Rebates To Spend If Filing For Bankruptcy? »

If people file for bankruptcy before the receipt of the stimulus rebates, they may be taken by the bankruptcy courts and used to pay a pennies on the dollar towards general unsecured debts like credit cards. For people filing for bankruptcy before the rebate checks are received, they may not have a choice [...]