Archive for June, 2008
By Kent Anderson, Oregon Bankruptcy Attorney
closeAuthor: Kent Anderson, Oregon Bankruptcy Attorney
Name: Kent Anderson, Oregon Bankruptcy Attorney
Email: kent@kentandersonlaw.com
Site: http://eugenebankruptcylawyer.com
About: Admitted to practice in Oregon in 1978. Designated as a Consumer Bankruptcy Specialist by the American Board of Certification. Graduated from the Max Gardner Bankruptcy Litigation Bootcamp and the Peter Barry Fair Debt Collection Practices Act Bootcamp. Member of the National Association of Consumer Advocates. Years of experience in practice before the Internal Revenue Service and Oregon Department of Revenue has made me a valued referral source for accountants, tax preparers and other attorneys.See Authors Posts (90) on Jun 30, 2008 in Bankruptcy Cases & Legislation, Debts Not Dischargeable, Life After Bankruptcy | 0 Comments
Administrative discharge is not available according to the United States Bankruptcy Court for the Northern District of Ohio in the case of Donna Gregory v. U.S. Department of Education (April 1, 2008), which ruled that the requirement of undue hardship must always apply to the discharge of student loans in bankruptcy. The court then used [...]
By Karen Oakes, Southern Oregon Bankruptcy Attorney
closeAuthor: Karen Oakes, Southern Oregon Bankruptcy Attorney
Name: Karen Oakes, Southern Oregon Bankruptcy Attorney
Email: oakeslaw@gmail.com
Site: http://www.oakeslawoffice.com
About: Helping consumers in the following counties of Oregon: Klamath; Lake; Jackson; Josephine; Curry; Deschutes; and others. Call 541-273-1650 or visit my website to set up an initial consultation and to learn how I can help you. Mention Bankruptcy Law Network when you call.See Authors Posts (101) on Jun 30, 2008 in Bankruptcy Practice and Procedure, Featured, General Bankruptcy Information, Your Bankruptcy Attorney & You | 0 Comments
Recently, Jill Michaux discussed, the “33 Don’ts For Preparing To File Bankruptcy“. My staff reviewed the list and found it to be excellent, but then, they started discussing their own list, recognizing that the “33 Don’ts” involved mostly dealings with the attorney and consequences from the Court. The staff believes [...]
By Jonathan Ginsberg, Atlanta Bankruptcy Attorney
closeAuthor: Jonathan Ginsberg, Atlanta Bankruptcy Attorney
Name: Jonathan Ginsberg, Atlanta Bankruptcy Attorney
Email: jcg@glolaw.com
Site: http://www.atlanta-bankruptcy-attorney.com
About: I represent individuals in Chapter 7 and Chapter 13 cases filed in the Northern District of Georgia, which includes Atlanta, Newnan, Gainesville and Rome. I publish several informative web sites, including www.atlanta-bankruptcy-attorney.com and an Atlanta bankruptcy blog, www.thebklawyer.com/thebkblog. Please mention Bankruptcy Law Network when you call.See Authors Posts (146) on Jun 30, 2008 in Chapter 13 Bankruptcy | 0 Comments
If you have been researching the Chapter 13 process, you know that your Chapter 13 plan amounts to a three to five year repayment plan in which you send money to the Chapter 13 trustee, who then disburses that money to your creditors.
There are a number of things that can go wrong in a Chapter [...]
By Rachel Lynn Foley, Kansas City, MO, Bankruptcy Attorney
closeAuthor: Rachel Lynn Foley, Kansas City, MO, Bankruptcy Attorney
Name: Rachel Lynn Foley, Kansas City, MO, Bankruptcy Attorney
Email: kcbankruptcy@gmail.com
Site: http://www.kcbankruptcy.com
About: Former Bankruptcy Attorney to the Kansas City UAW: Ford and GM workers, now assisting the general public in Missouri and Kansas with regaining financial control using the Bankruptcy Code. 816-472-HELP (4357).See Authors Posts (88) on Jun 30, 2008 in Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, General Bankruptcy Information, Means Testing | 0 Comments
Whether you qualify for a Chapter 7 or a Chapter 13 depends in large part to the Means Test. The Means Test uses a standard for the “Operating Cost” of a vehicle as set by the Internal Revenue Service (IRS). The IRS defines Operating Costs as “The operating costs include maintenance, repairs, insurance, fuel, registrations, [...]
By L. Jed Berliner, Western & Central Massachusetts Bankruptcy Attorney
closeAuthor: L. Jed Berliner, Western & Central Massachusetts Bankruptcy Attorney
Name: L. Jed Berliner, Western & Central Massachusetts Bankruptcy Attorney
Email: jed@berlinerlaw.com
Site: http://www.berlinerlaw.com
About: Attorney L. Jed Berliner has concentrated his law practice in bankruptcy, commercial litigation, creditors' rights and debtor's remedies since 1982, having generally practiced since 1976. He opened the Berliner Law Firm of Springfield, Massachusetts in 1988 and now practices exclusively in consumer bankruptcy and related consumer protection litigation.
Attorney Berliner received his Bachelor of Arts Degree from Cornell University in 1972, and his Juris Doctor degree from the University of Kansas in 1977. He practiced general law in northern Michigan, established a bankruptcy concentration in Boston, MA in 1982, and established his Springfield, MA practice in 1988.
Attorney Berliner is a regular and active contributor to the Bankruptcy Law Network, the Bankruptcy Roundtable, and the National Association of Consumer Bankruptcy Attorneys, three specialized consumer bankruptcy forums on the Internet, and is an informal mentor to regional practitioners. He contributed to the local rules on electronic filing rules and is recognized by his peers as an expert in consumer bankruptcy issues. He thoroughly enjoys being rated "excellent" in his client surveys.See Authors Posts (147) on Jun 30, 2008 in Benefits of Bankruptcy, Life After Bankruptcy | 0 Comments
People contemplating a bankruptcy filing either already have bad credit or are about to. You may be perfect with your payments, but you’re running out of steam. Bankruptcy can improve your credit, since discharged debts must be listed as having a zero balance owed.
Bankrate.com published today about many different ways a bad credit score can [...]
By Craig Andresen, Attorney at Law
closeAuthor: Craig Andresen, Attorney at Law
Name: Craig Andresen, Attorney at Law
Email: craig@cwalaw.com
Site: http://www.cwalaw.com
About: Helping consumers in every county in Minnesota since 1987. Call (952) 831-1995, or visit my website, to set up an initial consultation and learn how I can help you. Mention Bankruptcy Law Network when you call.See Authors Posts (134) on Jun 30, 2008 in Debts Not Dischargeable, General Bankruptcy Information | 1 Comment
Section 523(a)(16) of the bankruptcy law, as amended by the 2005 Bankruptcy Reform Act, makes homeowners or condominium association fees nondischargeable, but only if the association fees arose after the date the bankruptcy was filed, and only for so long as the debtor has an ownership interest, or some other equitable interest, in the property. [...]
By L. Jed Berliner, Western & Central Massachusetts Bankruptcy Attorney
closeAuthor: L. Jed Berliner, Western & Central Massachusetts Bankruptcy Attorney
Name: L. Jed Berliner, Western & Central Massachusetts Bankruptcy Attorney
Email: jed@berlinerlaw.com
Site: http://www.berlinerlaw.com
About: Attorney L. Jed Berliner has concentrated his law practice in bankruptcy, commercial litigation, creditors' rights and debtor's remedies since 1982, having generally practiced since 1976. He opened the Berliner Law Firm of Springfield, Massachusetts in 1988 and now practices exclusively in consumer bankruptcy and related consumer protection litigation.
Attorney Berliner received his Bachelor of Arts Degree from Cornell University in 1972, and his Juris Doctor degree from the University of Kansas in 1977. He practiced general law in northern Michigan, established a bankruptcy concentration in Boston, MA in 1982, and established his Springfield, MA practice in 1988.
Attorney Berliner is a regular and active contributor to the Bankruptcy Law Network, the Bankruptcy Roundtable, and the National Association of Consumer Bankruptcy Attorneys, three specialized consumer bankruptcy forums on the Internet, and is an informal mentor to regional practitioners. He contributed to the local rules on electronic filing rules and is recognized by his peers as an expert in consumer bankruptcy issues. He thoroughly enjoys being rated "excellent" in his client surveys.See Authors Posts (147) on Jun 30, 2008 in Automatic Stay In Bankruptcy, Bankruptcy Myths | 0 Comments
Yes, Virginia, even the federal government must comply with your bankruptcy protections.
Congress waived sovereign immunity for the federal government – including our good friends at the Internal Revenue Service !! – in Section 106 of the Bankruptcy Code.
Well, not entirely. One can sue for actual damages but not punitive damages. In the First Circuit, covering [...]
By Jay Fleischman, New York Bankruptcy Lawyer
closeAuthor: Jay Fleischman, New York Bankruptcy Lawyer
Name: Jay Fleischman, New York Bankruptcy Lawyer
Email: jay@fclcny.com
Site: http://www.NYBankruptcyLitigation.com
About: Helping consumers in all counties of New York State. Call 800-235-2203 or visit my website to set up an initial consultation and to learn how I can help you. Mention Bankruptcy Law Network when you call.See Authors Posts (109) on Jun 30, 2008 in General Bankruptcy Information | 0 Comments
Ever get mail that you don’t recognize and immediately “file” it by tossing it in the trash? If it’s a notice from the bankruptcy court, that could be a costly mistake.
As a case in point, I offer you the story of Michelle Brown (not her real name). Michelle filed for Chapter 7 bankruptcy [...]
By Michael G. Doan, San Diego Bankruptcy Attorney
closeAuthor: Michael G. Doan, San Diego Bankruptcy Attorney
Name: Michael Doan
Email: mike@doanlaw.com
Site: http://www.doanlaw.com
About: Helping consumers in the following counties of California: San Diego, Imperial, Orange, Riverside, San Bernardino, Los Angeles, and Ventura. Call (800) 380-DOAN or visit my website at doanlaw.com to set up an initial consultation and to learn how I can help you. Mention Bankruptcy Law Network when you call.
San Diego Bankruptcy Attorney Michael G. Doan graduated from the University of San Diego with a Bachelor of Accountancy, earning departmental honors. He then entered California Western School of Law, earning his Jurist Doctorate.
Michael is admitted to the State Bar of California, the American Bar Association, as well as the San Diego County Bar Association and the North County Bar Association.
Other professional affiliations include:
National Bankruptcy Institute
Association of Trial Lawyers of America
Consumer Attorneys of San Diego
National Association of Consumer Bankruptcy Attorneys
American Bankruptcy Institute
North County Attorney Referral Service
and The San Diego County Attorney Referral Service
Michael is admitted to practice law in the Supreme Court of California, all Federal Courts of Appeals for the Ninth Circuit, and all Federal District Courts in the Southern and Central Districts of California.
He is a skilled Bankruptcy attorney with twelve years experience practicing in the fields of real estate, bankruptcy, personal injury, estate planning, contracts, worker's compensation, and tax and debt negotiation.
He is also a licensed Mortgage Broker and Realtor with membership in the San Diego Association of Realtors and President of a full-service real estate company, First Platinum Properties.
Currently, Michael is concentrating his practice solely in Bankruptcy Law and is a Board Certified Specialist in Consumer Bankruptcy Law by the American Board of Certification, one of only eight such attorneys in all of California.
To date, he has filed over 5,000 consumer bankruptcy cases. He has also has been published in both the Ninth Circuit Court of Appeals and the Ninth Circuit Bankruptcy Appellate Panel.
Mr. Doan also practices bankruptcy on the cutting edge, being the first attorney in the Southern District of California to file the first Chapter 7 Bankruptcy and Chapter 13 Bankruptcy under the new Bankruptcy Laws.
Michael G. Doan has successfully completed The American Board of Certification requirements for national certification in consumer bankruptcy law.
To become certified, Southern California Bankruptcy Attorney Micheal G. Doan satisfied the following requirements:
Full time practice of law for at least five years
Documented involvement in consumer bankruptcy by providing information on cases practiced
Demonstrated commitment to continuing legal education by earning at least 60 hours of bankruptcy education in the past three years
Passed an extensive, day-long written examination covering consumer bankruptcy issues
The American Board of Certification is a non-profit organization dedicated to serving the public and improving the quality of the bankruptcy bar. The rigorous certification standards are designed to encourage bankruptcy practitioners to strive toward excellence and to recognize those attorneys who are experts in the bankruptcy field. The certification program is accredited by the American Bar Association.
The American Board of Certification is co-sponsored by the American Bankruptcy Institute and the Commercial Law League of America. The ABC Board of Directors consists of many of the nation's finest bankruptcy and creditors' rights lawyers, former judges, and law professors.
mike@doanlaw.com
2850 Pio Pico Drive, Suite D
Carlsbad, CA 92008
phone: 760.450.3333
fax: 760.720.6082
(800) 380-DOAN
www.doanlaw.comSee Authors Posts (120) on Jun 30, 2008 in Bankruptcy Myths, Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, General Bankruptcy Information | 0 Comments
In October, 2005, sweeping legislation changed the Bankruptcy Code. Most people rushed to file before these new laws went into effect, simply because they were unfamiliar with the new laws and thought they might not otherwise qualify after they took effect.
By the same token, many Bankrutpcy Attorneys entirely gave up their Bankruptcy Practices instead [...]
By Michael G. Doan, San Diego Bankruptcy Attorney
closeAuthor: Michael G. Doan, San Diego Bankruptcy Attorney
Name: Michael Doan
Email: mike@doanlaw.com
Site: http://www.doanlaw.com
About: Helping consumers in the following counties of California: San Diego, Imperial, Orange, Riverside, San Bernardino, Los Angeles, and Ventura. Call (800) 380-DOAN or visit my website at doanlaw.com to set up an initial consultation and to learn how I can help you. Mention Bankruptcy Law Network when you call.
San Diego Bankruptcy Attorney Michael G. Doan graduated from the University of San Diego with a Bachelor of Accountancy, earning departmental honors. He then entered California Western School of Law, earning his Jurist Doctorate.
Michael is admitted to the State Bar of California, the American Bar Association, as well as the San Diego County Bar Association and the North County Bar Association.
Other professional affiliations include:
National Bankruptcy Institute
Association of Trial Lawyers of America
Consumer Attorneys of San Diego
National Association of Consumer Bankruptcy Attorneys
American Bankruptcy Institute
North County Attorney Referral Service
and The San Diego County Attorney Referral Service
Michael is admitted to practice law in the Supreme Court of California, all Federal Courts of Appeals for the Ninth Circuit, and all Federal District Courts in the Southern and Central Districts of California.
He is a skilled Bankruptcy attorney with twelve years experience practicing in the fields of real estate, bankruptcy, personal injury, estate planning, contracts, worker's compensation, and tax and debt negotiation.
He is also a licensed Mortgage Broker and Realtor with membership in the San Diego Association of Realtors and President of a full-service real estate company, First Platinum Properties.
Currently, Michael is concentrating his practice solely in Bankruptcy Law and is a Board Certified Specialist in Consumer Bankruptcy Law by the American Board of Certification, one of only eight such attorneys in all of California.
To date, he has filed over 5,000 consumer bankruptcy cases. He has also has been published in both the Ninth Circuit Court of Appeals and the Ninth Circuit Bankruptcy Appellate Panel.
Mr. Doan also practices bankruptcy on the cutting edge, being the first attorney in the Southern District of California to file the first Chapter 7 Bankruptcy and Chapter 13 Bankruptcy under the new Bankruptcy Laws.
Michael G. Doan has successfully completed The American Board of Certification requirements for national certification in consumer bankruptcy law.
To become certified, Southern California Bankruptcy Attorney Micheal G. Doan satisfied the following requirements:
Full time practice of law for at least five years
Documented involvement in consumer bankruptcy by providing information on cases practiced
Demonstrated commitment to continuing legal education by earning at least 60 hours of bankruptcy education in the past three years
Passed an extensive, day-long written examination covering consumer bankruptcy issues
The American Board of Certification is a non-profit organization dedicated to serving the public and improving the quality of the bankruptcy bar. The rigorous certification standards are designed to encourage bankruptcy practitioners to strive toward excellence and to recognize those attorneys who are experts in the bankruptcy field. The certification program is accredited by the American Bar Association.
The American Board of Certification is co-sponsored by the American Bankruptcy Institute and the Commercial Law League of America. The ABC Board of Directors consists of many of the nation's finest bankruptcy and creditors' rights lawyers, former judges, and law professors.
mike@doanlaw.com
2850 Pio Pico Drive, Suite D
Carlsbad, CA 92008
phone: 760.450.3333
fax: 760.720.6082
(800) 380-DOAN
www.doanlaw.comSee Authors Posts (120) on Jun 30, 2008 in Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy, General Bankruptcy Information | 0 Comments
Objecting to Claims: Standing 101
It happens every day. Thousands of proof of claims are filed in bankruptcy cases throughout America by debt buyers, yet most fail to contain any evidence they actually own the claims. These claims are then paid, despite the fact that such claims fail to comply with the Bankruptcy Rules, should have [...]