Can you refile your bankruptcy if it has been dismissed? The answer is yes, you can refile your bankruptcy if it has been dismissed. However, changes to the Bankruptcy Code that were in Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) can limit the relief that you receive when you refile. When you file a bankruptcy [...]
August 2009
Whether to allow a debtor to claim a deduction on the bankruptcy means test for the ownership expense of a car if there is no debt on it is quickly being resolved by the courts. Today, the Eighth Circuit Court of Appeals concluded that the deduction would be allowed. The circuit court joins with the [...]
Many clients face eviction from their homes after foreclosure. At first glance, even a bankruptcy filing might not help, since  §362(b)(22) of the Bankruptcy Code states that there is no automatic stay of eviction where a pre-filing judgment for possession has been entered. Such clients may be safe, however. The plain language of this section [...]
I recently published an article on RECAP, the Firefox extension that creates a public archive of federal court documents accessed from the PACER system and provided to PACER users without charge. Many federal courts use the CM/ECF electronic records system to store and manage case records. PACER is the fee for service system that provides [...]
We all know that the automatic stay serves to stop almost all creditor attempts to collect a debt. The automatic stay has been discussed extensively on this blog. But many times, creditors will stop sending monthly mortgage statements because they are under the impression that it violates the automatic stay to continue to send statements. [...]
