Archive for November, 2008
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 Nov 30, 2008 in Bankruptcy Cases & Legislation, Exemptions In Bankruptcy | 0 Comments
When social security benefits have already been received, but not yet spent on the date a bankruptcy case is filed, the funds cannot be claimed exempt under the federal bankruptcy exemptions, according to In re Carpenter, 2008 WL 4567128 (Bky.D.Minn. Oct. 14, 2008), a recent Minnesota bankruptcy court ruling.
This case held that bankruptcy code section [...]
By Jill Michaux, Kansas Bankruptcy Attorney
closeAuthor: Jill Michaux, Kansas Bankruptcy Attorney
Name: Jill Michaux
Email: jill.michaux@neismichaux.com
Site: http://www.bankruptcykansas.info
About: Topeka's Consumer Bankruptcy Specialist, Jill A Michaux is the managing partner of the law firm, Neis & Michaux, P.A. She practices law with her husband, Mark W. Neis.
She has helped consumers with debt problems in bankruptcy since 1980. She is board certified consumer bankruptcy by the American Board of Certification since 1992.
You may reach her at her office in Suite 825 of the Bank of America Tower at 6th Street and Kansas Avenue in downtown Topeka, 534 S. Kansas Ave., Ste. 825, Topeka, KS 66603-3446.
Telephone: 785-354-1471 or 866-354-1471
Fax: 785-354-1170
Website: www.bankruptcykansas.info
Blog: www.bankruptcylawnetwork.com
E-mail: jill.michaux@neismichaux.comSee Authors Posts (130) on Nov 30, 2008 in Benefits of Bankruptcy, Discharge of Debt, General Bankruptcy Information | 0 Comments
Nine free web videos on about filing for bankruptcy are now available on the federal court website:
Introduction
Types of Bankruptcy
Limits of Debts
Filing for Bankruptcy
Meeting of Creditors
Bankruptcy Crimes
Court Hearings
The Discharge
Legal Assistance
General bankruptcy information is no substitute for personalized advice from a bankruptcy attorney after your financial information is gathered, your circumstances analyzed and [...]
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 Nov 30, 2008 in Bankruptcy Cases & Legislation, Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy | 0 Comments
An appellate court has held that a mortgagee may wrongfully apply post-bankruptcy payments to the pre-bankruptcy account without penalty. Ameriquest Mortgage kept two separate books to account for mortgage payments, one computerized and one manually. The computerized account would apply the latest payment to the earliest unpaid month, even if that month was before a [...]
By Kurt O'Keefe, Attorney at Law
closeAuthor: Kurt O'Keefe, Attorney at Law
Name: Kurt O'Keefe Michigan Bankruptcy Attorney
Email: koklaw@gmail.com
Site: http://www.koklaw.com
About: Solo practitioner, 29 years in practice, certified in Consumer Bankruptcy by the American Board of Certification, Michigan State Chair for the National Association of Consumer Bankruptcy Attorneys, over 150 members, Martindale-Hubble av rated (highest rating), lecturer for National Business Institute and NACBA in Michigan, Illinois, California, LouisiannaSee Authors Posts (95) on Nov 30, 2008 in Bankruptcy Cases & Legislation | 2 Comments
No one has advocated Chapter 13 bankruptcy reform, to allow courts to re-write the terms of mortgages secured by homes, longer than the bloggers on this site.
I have not seen our argument for Chapter 13 bankruptcy reform put better than in this Washington Post article.
Kansas bankruptcy attorney Jill MIchaux and San Diego bankruptcy attorney Michael [...]
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 Nov 29, 2008 in Bankruptcy Cases & Legislation, Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy, General Bankruptcy Information | 0 Comments
On November 17, 2007, Sen. Richard Durbin [D-IL] introduced a new bankruptcy bill to the Senate to help struggling homeowners save their homes from foreclosure in bankruptcy. Its purpose is “to help struggling families stay in their homes and to ensure that taxpayers are protected when the Secretary of the Treasury purchases equity shares in financial institutions.“
By L. Jed Berliner, Western & Central Massachusetts Bankruptcy AttorneycloseAuthor: 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 Nov 29, 2008 in Bankruptcy Cases & Legislation, Bankruptcy Practice and Procedure, Means Testing, Tax Issues In Bankruptcy | 0 Comments
The Means Test reduces income by actual tax expenses, among other permitted reductions. Problems arise when calculating an actual tax expense where there was a refund in the previous year.
A refund occurs when someone over-withholds from their income to pay their taxes. No one has a crystal ball, of course, so no one can ever [...]
By Michael G. Doan, San Diego Bankruptcy AttorneycloseAuthor: 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 Nov 29, 2008 in Automatic Stay In Bankruptcy, Bankruptcy Myths, Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Discharge of Debt, General Bankruptcy Information, Your Bankruptcy Attorney & You | 0 Comments
This is a frequent scenario. A debtor files for bankruptcy, gets a discharge, and continues to get billing statements from the mortgage company. These statements and other communications come despite being promised by his or her attorney that all further communications must cease and that any future communications are a violation of the discharge injunction, [...]
By Jill Michaux, Kansas Bankruptcy AttorneycloseAuthor: Jill Michaux, Kansas Bankruptcy Attorney
Name: Jill Michaux
Email: jill.michaux@neismichaux.com
Site: http://www.bankruptcykansas.info
About: Topeka's Consumer Bankruptcy Specialist, Jill A Michaux is the managing partner of the law firm, Neis & Michaux, P.A. She practices law with her husband, Mark W. Neis.
She has helped consumers with debt problems in bankruptcy since 1980. She is board certified consumer bankruptcy by the American Board of Certification since 1992.
You may reach her at her office in Suite 825 of the Bank of America Tower at 6th Street and Kansas Avenue in downtown Topeka, 534 S. Kansas Ave., Ste. 825, Topeka, KS 66603-3446.
Telephone: 785-354-1471 or 866-354-1471
Fax: 785-354-1170
Website: www.bankruptcykansas.info
Blog: www.bankruptcylawnetwork.com
E-mail: jill.michaux@neismichaux.comSee Authors Posts (130) on Nov 28, 2008 in Automatic Stay In Bankruptcy, Bankruptcy Cases & Legislation, Benefits of Bankruptcy | 0 Comments
Democratic Congressional leaders introduced House Bill 7307 this week to remove a ban on modification of a homeowners residential mortgage in chapter 13 bankruptcy. It would correct a 30-year-old anomaly in the Bankruptcy Code allowing the modification of nearly all loans except a family’s home.
“The legislation that Rep. Sánchez and I plan to introduce [...]
By L. Jed Berliner, Western & Central Massachusetts Bankruptcy AttorneycloseAuthor: 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 Nov 28, 2008 in Bankruptcy Cases & Legislation, Bankruptcy Practice and Procedure, Means Testing | 0 Comments
One of the many sticking points about the Means Test is defining income when comparing one’s income for the past six months against the median income. Income is defined in sec. 101(10A) of the Bankruptcy Code as ”the average monthly income from all sources that the debtor receives (or in a joint case the debtor and the [...]
By Peter Orville, Attorney at Law
closeAuthor: Peter Orville, Attorney at Law
Name: Peter Orville, Attorney at Law
Email: porville1@stny.rr.com
Site: http://www.peterorville.com
About: Helping consumers in the following counties of the Northern District of New York: Broome; Chenango; Cortland; Delaware; Onondaga; Otsego; Tioga; and Tompkins.
Call (607)770-1007 to set up an initial consultation and to learn how I can help you. Or visit my website at www.peterorville.com
Mention Bankruptcy Law Network when you call.See Authors Posts (134) on Nov 27, 2008 in Featured, General Bankruptcy Information | 0 Comments
Today I am giving thanks. I am spending the day with my sons, their wives and children, and my mother-in-law. We have much to be thankful for. So why am I giving thanks for bankruptcy and the bankruptcy system?
Every week I meet with dozens of people in financial distress. They come into my office feeling [...]
