April 2008

I Live In Louisiana! What Does A Creditor Have To Do To Garnish My Wages?

by Kevin Gipson, New Orleans Bankruptcy Attorney

Garnishment is a process where a creditor gets paid the money it is owed from a debtor.  Often, the garnishment is of the debtor’s wages. Louisiana is a judicial garnishment state, meaning that in order for a creditor to collect money from a third party such as an employer, it must first go in to court [...]

Fair Credit Reporting Act Terms Defined. What is a "Furnisher"?

by Kevin Gipson, New Orleans Bankruptcy Attorney

Under the Fair Credit Reporting Act (FCRA) a "Furnisher" is a creditor or a third party that provides information about a consumer to a credit reporting agency (CRA).  The FCRA provides standards and guidelines to be followed by furnishers in an attempt to assure the accuracy of the information being provided to the CRA. The [...]

I Get My Tax Refund in Bankruptcy, Right?

by Bankruptcy Law Network

Maybe. It depends. Do you owe the IRS any prior monies? Can you claim the monies due to you as exempt? »crosslinked«

Technically speaking, once you file for bankruptcy, all your property is no longer yours.  Instead it is now part of a new entity called the Bankruptcy Estate, pursuant to 11 USC 522.  Nevertheless, in most cases, it goes back to you relatively quickly. In chapter 7, all your property comprises the bankruptcy estate until one [...]

What Is A “Medical Bankruptcy?”

by Douglas Jacobs, California Bankruptcy Attorney

I don’t know.  But, recently, I got a call from someone in Ohio (I’m in California) telling me that she had filed a “medical bankruptcy” but needed some help in California regarding property she owned here. So, what is a “medical bankruptcy?”  Frankly, there’s no such thing in the law.  I suspect what she meant [...]

Massachusetts Homesteads Protect Children

by L. Jed Berliner, Springfield, MA Bankruptcy Attorney

The purpose of the Massachusetts homestead is to protect families, not just debtors.  It should come as no surprise that a home remains protected if a child occupies the home even if the parent-debtor has moved out.  The parties in In re Thompson, 2008 Bankr. LEXIS 1199 all overlooked this point and argued about whether the debtor’s absence [...]