Click Here To Receive FREE Email Updates!

Archive for March, 2009

Celebrity Bankruptcy »

In his article “Is Filing Bankruptcy Embarrassing?”, Illinois Bankruptcy Attorney, Andy Miofsky points out a number of reasons why you should not be embarrassed about filing for bankruptcy, one of which is the fact that major corporations routinely file for Chapter 11 bankruptcy as a way to get their debt under control.
Comcast.net Entertainment points out [...]

Bankruptcy Attorney Has Duty to Check on Alleged Perfection of Security Interest, Idaho Court Rules »

According to an Idaho bankruptcy court, a lawyer has an obligation to check whether a motor vehicle security interest has been properly filed and perfected, based upon new bankruptcy code section 707(b)(4)(D)’s requirement that a lawyer certify, after an “inquiry,” that the information in the bankruptcy papers is correct.
In re Dean, 2008 WL 5683493 (Bky.D.Idaho Dec. [...]

Can I Pay Back My Debts After Bankruptcy? »

Nobody wants to file for bankruptcy, but sometimes it’s the best thing.  Your finances are a mess, the rent is past due and the car is out of gas – so you do what you need to do.
Let’s face it – you’re not proud of filing for bankruptcy.  You want to pay back the credit [...]

Sanctions Victory in Massachusetts »

The Bankruptcy Law Network’s Jed Berliner recently scored an impressive victory in the case of In re Panek, No. 03-46692 (Bankr.D.Mass. March 5, 2009). Attorney Berliner, on behalf of his client, Panek, sued Delta Management Associates, Inc. and others for violating the automatic stay and the Fair Debt Collections Practices Act for withdrawing money [...]

A Song About Bankruptcy? »

No kidding.  Our friends over at Bankruptcy Bill have posted their first single, “Bankruptcy Lover.”  Check it out!
Click here to listen to “Bankruptcy Lover.”

Is Filing Bankruptcy Embarrassing? »

Do not feel embarrassed for filing bankruptcy.  Illinois Bankruptcy Attorney Andy Miofsky says, “Bad things can happen to good people.”  When you suffer financial misfortune, bankruptcy offers a solution.
First off, few will learn of the bankruptcy.  While the filing may be reported in certain law-related publications, most major newspapers and local newspapers do not have [...]

Ten Reasons to Delay Filing Bankruptcy! Reason No. 4: Pre-Bankruptcy Transfers »

In determining when to file a bankruptcy consideration should be given to whether you have made any transfers which can be reversed.  In certain situations the Trustee or a Creditor may be able to recover property or money that has been transferred and have those assets brought back into the bankruptcy estate to be available [...]

Massachusetts: Means Test Not Safe Harbor in Chapter 7 »

Massachusetts Bankruptcy Judge Rosenthal issued an opinion recently in the case of In re Boule, No. 08-43199-JBR (March 18, 2009). The United States Trustee moved to dismiss the case because the debtor’s income and expense schedules indicated that he had more than $900 left over each month to pay creditors. The debtor responded [...]

Are You Really Ready to File Bankruptcy? Things You Will Need. »

You’ve gotten some information about bankruptcy and you think that you need to file.  But are you really ready?  Do you have the documentation that your attorney will need?  Keeping in mind that practices vary across the country, this post will discuss some of the basic documentation you will need for your attorney so that you avoid [...]

Should I File Bankruptcy? »

If you cannot pay your bills you should consider bankruptcy, says Illinois bankruptcy lawyer Andy Miofsky.
“Bankruptcy is a straightforward and simple analysis”.  When you check reality, either you can pay your bills, or you cannot.  Often people try to cash in whatever assets they have in order to keep the collection wolves at bay.  Or [...]