Clients frequently ask us if they must be a citizen of the United States to file a bankruptcy case in the United States. No – you don’t have to be a citizen to file a bankruptcy case in the United States. You do have to be a resident of the place where you plan to [...]
June 2009
The Southern District of California Bankruptcy Court in San Diego recently issued a ruling that allowed a junior lien to be removed in a Chapter 13 case, even though the debtor was not eligible to obtain a discharge. Discharge was not available since the debtor previously filed a chapter 7 petition and the new bankruptcy [...]
There is so much information out there about mortgage loan modification? How can you find the truth about mortgage loan modification programs? American’s consumer law experts, the National Consumer Law Center, have assembled the information about the various programs to help home loan borrowers in financial distress into one website. The site includes a summary [...]
In the course of corresponding with folks contemplating bankruptcy, I frequently get emails and calls asking about debt settlement. A recent letter got me thinking about debt settlement and I was inspired to create a post on my Atlanta Bankruptcy blog entitled “Debt Settlement vs. Bankruptcy” in which I set out my observations about the [...]
Clients frequently face debts from countries other than the United States. If you file a bankruptcy case in the United States, what is the effect on your debts from overseas? We tell clients not to worry too much about this. First of all, it takes some effort for a foreign creditor to make its judgment enforceable [...]
Creditors can argue that your case should be dismissed for abuse, a term not defined in the Bankruptcy Code; It generally means that you’ve been a bad boy. There’s a presumption of abuse when you flunk the Means Test and show that you have means to pay some of your debt. Abuse might also exist [...]
