April 2009

Statistics: Utah sees 56% increase in bankruptcy

by Andy Miofsky, Illinois Bankruptcy Attorney

Consumers in Utah filed bankruptcy in the first three months of 2009 at a rate 56% higher than the previous year.  The bulk of filings, 1395 in March, represent a 73% jump over March 2008 filings.  US Bankruptcy Clerk David Sime told Salt Lake City’s Deseret News it was the biggest increase seen in a [...]

Many federal benefits are exempt from garnishment, including: Social Security Benefits Supplemental Security Income (SSI) Benefits Veterans’ Benefits Civil Service and Federal Retirement and Disability Benefits Service Members’ Pay Military Annuities and Survivors’ Benefits Student Assistance Railroad Retirement Benefits Merchant Seamen Wages Longshoremen’s and Harbor Workers’ Death and Disability Benefits Foreign Service Retirement and Disability [...]

Always Tell Your Lawyer The Whole Truth

by Douglas Jacobs, California Bankruptcy Attorney

When you file Bankruptcy, your lawyer is your best friend. He or she can guide you through the process with a minimum of disruption to your life; save any of your assets that can legally be kept; and make the process as easy and non-confrontational as possible. But when you don’t tell him everything, he [...]

Credit Crisis Simplified

by Jill Michaux, Kansas Bankruptcy Attorney

Jonathan Jarvis produced a visual explanation of the credit crisis for his media design thesis he calls The Crisis of Credit Visualized.  It is a delightful seven-minute video that explains the current credit crisis in simple terms.

Practice Tip: Debt Relief Agency Notices

by Andy Miofsky, Illinois Bankruptcy Attorney

The majority of courts that have considered the issue have found attorneys are debt relief agencies under the Bankruptcy Abuse Prevention and Consumer Protection Act.  Being a debt relief agency requires compliance by bankruptcy attorneys with Sections 342 and 527.  There are four debt relief agency notices a bankruptcy attorney must give a new client.  [...]

Don’t break bankruptcy’s 90 day rule

by Cathy Moran, California Bankruptcy Lawyer

Most of my clients arrive in my office familiar with the 90 day rule in bankruptcy.  They’ve talked to friends or read on the internet.  They often volunteer that they are familiar with the prohibition.  Sometimes, though, they ask questions about the details of its application. Which is all very interesting, except that there is [...]