January 2009

How Bankruptcy Can Help Save Your Home

by David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney

There are several important things to remember about how bankruptcy can help save your home from foreclosure.

Wah, Wah, Wah, Wah, Wah.

by Rachel Lynn Foley, Kansas City, MO, Bankruptcy Attorney

When you go to an attorney for a consultation do you hear Charlie Brown’s Teacher in your head?  You are NOT alone.  I too sometimes hear the wah, wah when I speak to other attorneys.  My staff often tells me that I presume that everyone else in the world is as excited about bankruptcy as [...]

I wish that question had an easy answer.  I wish we could say if you have this mortgage, yes, if your situation is that, don’t bother.  But the fact of the matter is that every day I hear a different story. There are some common themes: it’s hard to get to the right person; when [...]

Defending a Fraud Complaint

by Nicholas Ortiz, Boston Bankruptcy Attorney

In bankruptcy, creditors are permitted to object to the dischargeability of a debt incurred by fraud. Such complaints often initiate very contentious proceedings (and are often combined with complaints to deny a debtor’s general discharge). When faced with a fraud complaint in bankruptcy under Section 523(a)(2), here are some points to remember. The creditor must [...]

Three Bankruptcy Filings in 12 Months Equals No Automatic Stay

by L. Jed Berliner, Springfield, MA Bankruptcy Attorney

Three bankruptcy filings in 12 months seems a bit much, yes?  But it happens.  Perhaps there was carelessness by the filer or an attorney, or perhaps there was misplaced hope that a Chapter 13 case could succeed but then a sudden loss of income occurred. There is no automatic stay, which means no automatic protection, [...]

Judgments Are Not Worth The Paper They're Printed On

by Jay Fleischman, New York Bankruptcy Lawyer

The current economic crisis is making the debt collectors scared.  When there’s no money to put food on the table, even a favorable judgment through the courts means nothing.  “The judgment by itself doesn’t get you paid,” according to Cincinnati debt collection law firm Slovin & Associates partner Randy Slovin. InsideARM is reporting that the [...]