August 2009

One of the things a bankruptcy attorney needs to know to properly advise a client is whether the client owes money on his or her vehicle(s).   While going through the bankruptcy questionnaire with clients, I am frequently told the vehicle is paid for.  But when I get to the question of whether the client owes a finance company, [...]

Who Will Be At The Bankruptcy Hearing?

by Wendell Sherk, Missouri Bankruptcy Attorney

When someone files bankruptcy they are normally required to appear at a hearing and testify about their case.  The hearings is called a “Meeting of Creditors” or a 341 Meeting. Some people are afraid to get bankruptcy help because they don’t want to go to this hearing.  Or they’re afraid of having to testify in [...]

Reader’s Digest Files for Chapter 11 Bankruptcy Reorganization

by Brett Weiss, Maryland Bankruptcy Attorney

Reader’s Digest, founded in 1922 and America’s best selling consumer magazine, said Monday that it would be filing for Chapter 11 reorganization. From a high of 18 million copies a month in the 1970′s, subscriptions had declined to less than 9 million. Reader’s Digest, which will continue to publish, plans to use Chapter 11 to [...]

Why We Need to Be Able to Modify Mortgages in Chapter 13

by Peter Orville, Binghamton Bankruptcy Lawyer

meaningful mortgage modification in Chapter 13
homeowners will be losing their homes
keep your home

I Need To File Bankruptcy But Will It Be In The Newspaper?

by Adrian Lapas, Eastern North Carolina Bankruptcy Attorney

Often prospective clients ask whether their bankruptcy case will be reported in the local newspapers.  Generally, the answer is “no,” your bankruptcy will not be reported. Because folks have seen foreclosure notices listed in their local newspapers, they are concerned that, because bankruptcy is a legal proceeding, their bankruptcy case will also be reported.  Foreclosure notices [...]

While attending a Texas advanced consumer bankruptcy seminar last week, I was surprised and amazed (I know, I should not have been) to learn that mortgage servicers consider the ability for a consumer to make  their mortgage payments by ACH or EFT (electronic funds transfer) as a “Privilege”.   This was in response to me stating that [...]