September 2009

Debt Settlement Firms and War share at least one thing in common:  Both are good for absolutely nothing!  “Say It Again!” I said Debt Settlement Firms, “Huh…What are they good for?” Absolutely Nothing! “Listen to me now!”

New Bankruptcy Law: Time Deadlines

by Andy Miofsky, Illinois Bankruptcy Attorney

New bankruptcy time deadlines take effect December 1, 2009.  Time will now be computed in multiples of 7.  This change will minimize situations where deadlines come due on weekends. Bankruptcy has many different deadlines based on multiples of 5 – 5 days to submit documents, 10 days to appeal, 15 days to file pleadings, 20 [...]

Conflicts of Interest in Bankruptcy

by David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney

Avoid conflicts of interest when hiring your bankruptcy attorney.

Free Access to Documents Stirs Up Court Administrators

by Kent Anderson, Oregon Bankruptcy Attorney

Federal court documents, including Bankruptcy Court filings, accessed through a new program called RECAP (PACER spelled backwards) can be viewed without cost.   RECAP is an add-on to the free internet browser Foxfire.  Because the courts generate revenue to operate their electronic record system called CM/ECF, a program that bypasses their ticket window causes some court [...]

Do I need to pass the means test – I have business debts.

by David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney

You  have to pass the means test if your debts are “primarily” consumer debts.  This isn’t quite as easy as it sounds. Why?  The word “primarily” is not defined in the Bankruptcy Code. So how do we figure this out? Well, first what’s a “consumer debt”?  That’s not so hard – “consumer debts” are defined [...]

Will I Lose My Retirement If I File For Bankruptcy?

by Kevin Gipson, New Orleans Bankruptcy Attorney

One of the most common fears that people considering bankruptcy have is whether or not they will lose their retirement if they file for bankruptcy. Like all legal questions, the answer to the question of whether or not a debtor will lose their retirement benefits if they file for bankruptcy is that they will probably [...]