May 2009

Student Loans In Bankruptcy–A Thorny Problem

by Dana Wilkinson, Attorney at Law

Student loans are not dischargeable in bankruptcy-almost everyone who has student loans knows that is the case.  So why consult a bankruptcy lawyer when you have student loans?  There are several reasons to check your particular situation with a bankruptcy lawyer.

Revocable Trusts and Entirety Property

by Wendell Sherk, Missouri Bankruptcy Attorney

Using revocable living trusts to avoid probate has become more popular recently. But the impact of such trusts in bankruptcy makes some relatively simple cases much more complex – especially in states that recognize tenancy by the entirety. A tenancy by the entirety (TBE) is an ancient way of owning property between a married couple. [...]

Statement of Financial Affairs: Question 5

by Brett Weiss, Maryland Bankruptcy Attorney

This is the fifth in a series of blogs about the Statement of Financial Affairs and the questions it asks. Question 5 of the Statement of Financial Affairs asks for information about repossessions, foreclosures and returns. What needs to be listed here?

Determining Household Size for Means Test

by Nicholas Ortiz, Boston Bankruptcy Attorney

The means test is a key feature of the 2005 BAPCPA bankruptcy amendments. It incorporates state median income figures to determine who should pay back some of their debts in a Chapter 13 plan. Median income is on a sliding scale based on family size. Consequently, the more people one can claim as household members, [...]

Can I Keep my Tax Refund in a Massachusetts Bankruptcy?

by Nicholas Ortiz, Boston Bankruptcy Attorney

Here in Massachusetts, most people can keep their entire tax refund in bankruptcy. It is important to note that one never loses property in a Chapter 13 case. This is the case because Chapter 13 is a reorganization chapter while Chapter 7 is the chapter that requires the liquidation of non-exempt property. In a Chapter [...]

Civil Judgments For Past Due Debts – Why Do I Care?

by Jay Fleischman, New York Bankruptcy Lawyer

When you owe money for a past due debt – a credit card, deficiency judgment, old rent, whatever – the creditor can choose to sue you. When you fail to file a timely Answer to the Complaint (in New York, that’s either 20 days after you received the papers in hand or within 30 days [...]