May 2009

Resolving a Motion for Relief – A Costly Exercise

by Jonathan Ginsberg, Atlanta Bankruptcy Attorney

Many Chapter 13 cases arise from mortgage payment problems.  A significant number of Chapter 13 debtors enter into bankruptcy with a mortgage arrearage and they use the arrearage cure mechanism of Chapter 13 to stop the foreclosure process and to pay back the missed mortgage payments over time. Unfortunately many of the budget and cash [...]

Twelve Personal Finance Mistakes – Set Limits

by Eugene S. Melchionne, Connecticut Bankruptcy Lawyer

Part of every plan is a budget.  Part of every budget is limits in spending.  If you set limits in the budget, you can reach your goals.  If you don’t set limits, soon spending is out of control and soon you are on the endles treadmill of trying to pay off that credit card debt [...]

In Santulli v. Texas Board of Law Examiners, 2009 WL 961568 (Tex.App.-Austin, April 10, 2009), the Texas Court of Appeals upheld the revocation of a lawyer’s license to practice law, based upon his failure to either make payment arrangements for his outstanding debts or discharge them in bankruptcy.  The Board of Law Examiners had found [...]

Gotcha Capitalism: How Hidden Fees Rip You Off Every Day and What You Can Do About It (way to go with the pithy title) came to my attention recently, and strikes me as a good investment for consumers.  If you eliminate $15 in fees the book will pay for itself, and you might even find [...]

When you file your bankruptcy case, whether it is a Chapter 7, Chapter 13, or Chapter 11, you will have to put together a lot of financial information, and make it available to your attorney.  The more complicated your financial situation, the more information you will need to provide, but almost everyone finds that it [...]

I Didn’t File For Bankruptcy! How Can The Trustee Sell My House?

by Kevin Gipson, New Orleans Bankruptcy Attorney

I had a client come in to see me recently.  She had received a notice from a Chapter 7 Trustee that the Trustee was going to hire a real estate agent to market and sell the client’s house. The client had not filed for bankruptcy, so how was this possible? The answer became apparent after reviewing the notice [...]