What do rising gas and food prices have in common? They both eat up a substantial part of your monthly budget. And if you filed chapter 13 within the past few years, you submitted a plan of monthly payments based on a budget before gas and some food prices doubled. It may [...]

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New Local Bankruptcy Rules went into effect on May 1, 2008 in Massachusetts. The new rules include changes to the local forms and can be viewed here.
If you liked that post, then try these…New Massachusetts Law Creating 90-Day Right to Cure Default on Mortgage Loans by Nicholas OrtizI filed Chapter 13 Before [...]

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So you got a discharge, none of your assets were taken, and now you want to pursue a previous creditor for collection violations which occurred prior to filing.  Maybe there was an FDCPA or other state UDAP claim. Can you do it?  Yes, as long as you listed those claims on your schedules as assets. [...]

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For most people, the decision to consult a bankruptcy attorney seems to be the most difficult part of the bankruptcy filing process.  But talk to anyone 6 months after filing and they will usually tell you that that decision to file was one of the best decisions they made in their life.
If you liked that [...]

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When you file for bankruptcy, you are generally given three choices with regard to a secured debt; that is, a debt that is attached to a lien on something you own.  The Bankruptcy Code specifically deals with reaffirmations and when and how they must occur.  That information appears elsewhere on this site and there is [...]

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While bankruptcy professionals groaned in dismay when Congress reduced the effectiveness of the chapter 13 “super discharge” with the 2005 Bankruptcy Reform Act, it is worthwhile to remember that chapter 13 will still discharge more debts than chapter 7.  In fact, the chapter 13 discharge is still an effective solution for several types of debts which cannot be discharged [...]

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The U.S. Bankruptcy Appellate Panel for the First Circuit in the recent case of In re Hill, 2008 WL 1960478 (1st Cir.BAP 2008) addressed the vexing issue of “reversals” of a fraudulent transfers and objections to discharge. The case presented an alternative basis to deny the debtor his discharge, so the Panel discussed, but [...]

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The U.S. Court of Appeals for the First Circuit recently issued an important opinion concerning the claiming of exemptions in bankruptcy cases. In re Barroso-Herrans, 2008 WL 1960365 (1st. Cir 2008) the Court heard the appeal of a Chapter 7 debtor who had attempted to exempt proceeds from two collection lawsuits by listing their value [...]

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A few months ago, Jonathan Ginsberg posted an article on these pages about what happens if you fail to complete a financial management course.
As Jonathan pointed out, if a bankruptcy case is filed without the certificate that you completed the financial management course, and the case is closed without a discharge, most judges will [...]

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The Executive Office of the U.S. Trustee announced today that it will resume auditing debtors in consumer bankruptcy cases starting May 12, 2008. One in 1000 consumer bankruptcy cases in each judicial district will be chosen for random audit, according to the program’s website.
The debtor audits were temporarily halted by the U.S. Trustee program [...]

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