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Archive for July, 2008

Can A Disallowed Claim In Chapter 13 Resurface? »

So your attorney objected to a claim and got it disallowed in your Chapter 13 case.  A year later, the creditor decides to move the court to reconsider the claim.  Can they do this?

Debt Scavenger Wants Attorney To Break Law In Bankruptcy Proceeding. »

It seems to be happening more often these days.  A bankruptcy case is filed, the law firm for the debtor pursues a debt scavenger for illegal behavior, and the debt scavenger then agrees to certain terms to resolve the illegal behavior, but conditions the same on a provision that the attorney or their law firm [...]

Delay Your Bankruptcy Discharge By Making False Tax Return Statements »

Kansas City, Missouri Bankruptcy Law Attorney Rachel Lynn Foley her article on this site, Do Not Lie To The Bankruptcy Court speaks about the potential criminal results of lying in a bankruptcy.
Delay of the discharge of your debts is a less, but also important, potential result.
One way to delay your discharge (and to cost you money) is falsify the information [...]

Credit Unions: Lots Better Than Payday Loans »

Payday loans are horrible.

Interest rates as high as 1,500% (that’s One Thousand Five Hundred percent per year, and yes, we’ve seen them this high).
Wage withholding.
Repayment terms that lock you into an endless cycle of borrow and pay that you can never get out of.
Abusive collection practices.

So why do people borrow money from people [...]

Do Not Lie To The Bankruptcy Court! »

I am not sure why but almost every case I file the debtor will ask me, “How will the judge know I am telling the truth?” You file your bankruptcy petition and schedules under penalty of perjury.
If you lie, the FBI will investigate the crime and if found you are found guilty you will [...]

Short Tax Year Election In Bankruptcy Can Save The Day »

Federal tax law allows an individual debtor in bankruptcy to cut off their tax year as of the date before filing a Chapter 7 or Chapter 11 bankruptcy if there are assets in the bankruptcy estate. As I discussed in a prior article, the election, allowed by 11 USC §1398, must be made by the [...]

Will My Creditor Renegotiate My Debt If I Threaten To File For Bankruptcy? »

In an interesting article on Yahoo Finance entitled: “Four Ways to Get That Burdensome Debt Paid Off”, authored by Marshall Loeb, makes several very good suggestions on how to get rid of your debt.
Three of his suggestions, pay more than the minimum balance due every month, use savings to buy down your debt, [...]

Failure to Claim Exemptions May Lead to Unnecessary Loss of Property »

Bankruptcy law is complex.  Even “simple” and straightforward Chapter 7 cases require a great deal of information along with calculations that are not at all intuitive.
Prior to the 2005 BAPCPA changes to the bankruptcy law a reasonably intelligent, careful person could find a bankruptcy “how to” book at the library and write out schedules that [...]

Here's a Chance to Voice Your Concerns About Credit Card Practices »

Okay, folks, here’s your chance. The Federal Reserve has opened a comment period for proposed new regulations of credit card lenders.
The Federal Reserve Board on Friday proposed rules to prohibit unfair practices regarding credit cards and overdraft services that would, among other provisions, protect consumers from unexpected increases in the rate charged on pre-existing [...]

How Does My Lawyer Decide When I File My Bankruptcy? »

Because of the 2005 Bankruptcy Reform Act, special timing considerations are now present in nearly every bankruptcy case. Even if your lawyer has not specifically told you about this, you may have noticed that there is an urgency to gathering the documents and other information which is necessary to complete the filing of your [...]