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 [...]
June 2008
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 [...]
Will a Chapter 7 debtor be denied a discharge because he includes a budget allocation for college tuition, rent and car payments for his two college aged children? In a case decided by Judge Homer Drake of the Northern District of Georgia, the answer is “yes” – discharge denied.
Pharming is a hacker’s attack aiming to redirect a website’s traffic to another bogus website. Hackers redirect a legitimate Web site’s traffic to an impostor site, where you’ll be asked to provide confidential information. Common targets are ecommerce and online banking websites. Pharming is used to steal identity information. To help protect yourself from pharming, [...]
If you are the beneficiary of a trust, and are considering filing for bankruptcy, you might be wondering if you will lose your interest in the trust to your creditors. The answer to this question depends, first, on whether the trust is a “spendthrift trust” under the law of the state which governs the trust, [...]
The financial crisis in the mortgage market is causing a tightening of available credit in the credit card arena. As falling real estate prices decrease home equity borrowing, more consumers are turning to credit cards. Investment firm Merrill Lynch reports an 8 per cent increase in revolving credit over last year, the highest increase in [...]
