Listing your house for sale at the same time that you are filing for bankruptcy involves a number of issues, and the answer to the question is a case by case basis. Can you do it? Probably. Should you do it? That needs to be answered by an attorney in your [...]

There are many posts in these pages and on Mortgage Law Network about the types of foreclosures and the fact that a bankruptcy filing can stop the process.  But what happens then?  Just because in most states a bankruptcy stops a foreclosure (but see Gene Melchionne’s article on Connecticut foreclosures), it doesn’t end it.
The foreclosure [...]

Student Loans are generally not dischargeable in bankruptcy, and there is no statue of limitations on their collection. This makes it very difficult to get away from a student loan, and now it appears that the bar has been raised and it is even harder to receive a hardship discharge from a student loan [...]

Bankruptcy is our issue on this blog.  Bankruptcy is on the minds of our clients, and the Bankruptcy debate is now back in full swing with the recent announcement of Senator MBNA a/k/a Senator Joe Biden being selected as Senator Barack Obama’s Vice Presidential choice.
Even if we forget all the comments made by Senator Biden was [...]

A topic that has been written about on this site on several occasions is the risk a client runs by failing to disclose all of his assets to his attorney when filing a bankruptcy.  In articles by Jill Michaux, Chip Parker and Susan Robicsek these risks are discussed,   However the risk of being denied a discharge in bankruptcy [...]

Toby Mac’s Lose My Soul was the inspiration for my article of Don’t let your debt own you! that I wrote earlier today.  The article is about gaining your quality of life back and breaking the debt ties that bind and control the very essence of your being.

The hobby horse I was all set to ride today has to do with the pay stubs that I have to collect from my clients prior to filing any bankruptcy case.  I’ll get to that later.  I got sidetracked when I did a search to see if any of my colleagues had recently written on [...]

Although most persons filing bankruptcy will opt to use chapter 13 to stop a mortgage foreclosure, it’s important to remember that filing bankruptcy under any chapter, including chapter 7, stops a foreclosure just as effectively.  Chapter 7 not only stops a mortgage foreclosure, but it usually results in the discharge of almost all unsecured debts, without [...]

A Chapter 7 Discharge and a Chapter 7 Final Decree don’t necessarily come at the same time, although they often do if a case is a no asset Chapter 7 case. When a Chapter 7 bankruptcy case is filed, the debtor is asking to be released from the legal obligation to pay his/her debts – [...]

The New York Times joins the chorus of bankruptcy attorneys on our blogs in calling for Chapter 13 reform to give relief to homeowners being foreclosed.
Chip Parker, among others, has stated the many virtues of this proposed bankruptcy law reform.
Under current law, consumers cannot modify, or change the terms of, the mortgage secured by [...]