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Archive for May 9th, 2008

First Circuit case on Exemptions »

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 [...]

Do I Really Have to File a Credit Counseling Certificate When I File Bankruptcy?… And What Happens if I Don’t? »

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 [...]

Debtor Audits Start Again Monday »

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 [...]

“Step Plan” Puts Additional Responsibilites on Debtors »

In the Northern District of Georgia, our Chapter 13 plans are often filed as “step” plans. Basically a step plan is one in which the debtor’s trustee payment changes (steps up or steps down) when a known event happens. For example, in this district, vehicle leases are paid directly to the lender. [...]