July 2009

I Am In A Chapter 13–Can I Convert To A Chapter 7, I Don’t Like Chapter 13

by Karen Oakes, Southern Oregon Bankruptcy Attorney

A chapter 13 bankruptcy is often viewed as a repayment or reorganization plan, while a Chapter 7 bankruptcy is called a liquidation.   In a Chapter 13, priority debts (back taxes, child/spousal support) are usually paid in full, followed by short-term secured debt (cars, arrearages on mortgages, property taxes, etc.) being paid, and then, if the Debtor’s [...]

Cash For Clunkers? A Clunker of a Clunker Program

by Karen Oakes, Southern Oregon Bankruptcy Attorney

Yesterday, major news sources reported that the money set aside by Congress for the “Cash For Clunkers” program was being depleted rapidly (as explained in my blog, “Cash For Clunkers:  Short Deal“).   In Detroit, car dealers were reportedly staying open late into the night in order to have customers be assured of the rebates before [...]

Don't Focus Too Much On Credit Score

by Dana Wilkinson, Attorney at Law

In my bankruptcy practice, I talk to a lot of people who tell me how high their credit score is, or was.  I hear a lot about that from other so-called experts–how important it is to have a good credit score.  There are books, DVDs, seminars, and TV shows devoted to advising you how to [...]

You Never Got Notice Of Being Sued? The Judge Just May Believe You Now!!

by Karen Oakes, Southern Oregon Bankruptcy Attorney

This week, the New York Times reported that consumers who had been the victim of fraud by unscrupulous debt collectors may be getting money back if the New York attorney general is successful in the lawsuit filed against two collection agencies and 35 attorneys. According to the article, the debt collectors had sued the consumers [...]

What Is An Automatic Stay?

by Kevin Gipson, New Orleans Bankruptcy Attorney

What is an Automatic Stay? Creditors have many weapons in their arsenal to try to collect on  a debt: Repeated telephone calls to your house; Repeated telephone calls to you at work; Letters, Letters, Letters; Letters from an attorney; Lawsuits; Garnishments. And this in when the creditor is being nice. When someone files for bankruptcy [...]

Post-Petition Mortgage Payments–Good Records are Key

by Dana Wilkinson, Attorney at Law

When you file a Chapter 13 to restructure your debts, you usually keep making your regular mortgage payments. In some districts, you make those payments to the Chapter 13 trustee, essentially consolidating all you debt payment.  In those districts the trustee is referred to a conduit for mortgage payments.  In others, you make your mortgage [...]