February 2009

The U.S. Court of Appeals, First Circuit, ruled recently that a chapter 7 bankruptcy debtor could not obtain dismissal of his case by citing his own failure to file payment advices, or other financial disclosure information required by section 521(a), in an effort to avoid losing an asset to the chapter 7 trustee. In re […]

A website offering help over the internet in the form of software used to complete a bankruptcy filing is practicing law.  Unless the website is run by a lawyer, its owner is violating the law by practicing without a license.  The 9th Circuit Court of Appeals in the case of In re Reynoso, 477 F.3d […]

Too much debt often leads to bankruptcy, but avoiding bankruptcy isn’t the only reason to reduce your debt load.  The current economic crisis has reminded us all to look at our debt to income ratios. In the recent past, creditors have helped us forget to consider what is an appropriate amount to owe as they encouraged […]

In a recent paper to appear in the Connecticut Law Review, Alan M. White, an Assistant Professor of the Valparaiso University School of Law, analyzes causes of the continued foreclosure crisis and steps that can used to curb it.  In the end, he concludes that even though Chapter 13 Bankruptcy represents a substantial cost to Debtors, […]

What does it mean when collectors threaten you with ‘charge off’. Sounds serious doesn’t it? The dirty little secret is that a “charged off” debt has nothing to do with what is owed. “Charge off” means that the creditor is taking a tax deduction from their income tax. With $450 million earned each day on […]

Depending on the homestead exemption applicable in your state, the Bankruptcy Code allows a Debtor to void and nullify certain judicial liens against a residence if the lien interferes with the homestead exemption. While it is possible to reopen a closed case to avoid a lien, do not wait too long to do so or […]