October 2008

Halloween Financial Horror Stories!

by Kevin Gipson, New Orleans Bankruptcy Attorney

Bankrate.com has gathered a series of articles in time for Halloween that are sure to make your hair stand on end and make you want to sleep with the light on. Bankrate.com’s “Halloween Horrors” are not for the faint of heart.  With topics like “Festering Fees” and “Creepy Cars” readers are allowed to walk through [...]

Types of Investigative Credit Reports – The Insurance Report

by Kevin Gipson, New Orleans Bankruptcy Attorney

In a previous article, I discussed the little known, but potentially damaging, Investigative Credit Report.  One of the most common of the investigative credit reports is for insurance purposes. Insurance companies frequently use the services of organizations known as inspection bureaus to determine whether they will issue a policy of insurance, the rate charged for [...]

What Does “Property Of The Estate” Mean?

by Peter Orville, Binghamton Bankruptcy Lawyer

Property of the bankruptcy estate is defined by 11 USC section 541.  It specifically excludes certain assets of a debtor.  Other assets may be property of the estate at first, but later be excluded because they are abandoned by the trustee, redeemed by the debtor, sold, or claimed as “exempt” by the debtor.  It makes [...]

Student Loans: How to Pay Them in a Chapter 13 Bankruptcy

by Craig Andresen, Minneapolis, MN, Bankruptcy Attorney

Unless the bankruptcy debtor can satisfy the daunting legal standard of “undue hardship,” student loans are not dischargeable in a bankruptcy case.  However, the mere fact that student loans will not be discharged does not mean you should give up on the bankruptcy process.  For a chapter 13 debtor, the question might be, how should [...]

Tenants’ Rights When Landlord Files Bankruptcy

by L. Jed Berliner, Springfield, MA Bankruptcy Attorney

What are a tenant’s rights when a landlord files for bankruptcy protections?  Here’s good news for the tenant. A renter keeps all rights under a lease when a landlord files a bankruptcy case.  The landlord,  and the landlord’s bankruptcy trustee, cannot interfere with the use, possession, or quiet enjoyment of the apartment or premises.  The [...]

How Does a Chapter 13 Work?

by Peter Orville, Binghamton Bankruptcy Lawyer

When you file a Chapter 13 bankruptcy case, you are required to file several forms with the bankruptcy court.  Among other things, you must list your income and expenses, assets, debts, and property transactions. The key to the Chapter 13 filing, is your proposed repayment plan.  In your proposed plan, you describe how you intend to repay your debts [...]