September 2009

Section 707(b) “Abuse” Motion: Here’s What to Do When You Receive One

by Craig Andresen, Minneapolis, MN, Bankruptcy Attorney

You have filed chapter 7 bankruptcy, and everything was going smoothly, until you received a motion from the U.S. Trustee’s office under section 707(b).  The U.S. Trustee (UST) says your case is an “abuse” of chapter 7 and that you can afford to repay part of your debts in a chapter 13!  However, you know [...]

Oregon Declares Tax Amnesty if You Come Clean Now

by Kent Anderson, Oregon Bankruptcy Attorney

What is Oregon Tax Amnesty and how do I get some?  It is a special program to allow Oregonians and others who owe Oregon tax to come clean without financial punishment.  An Oregon tax scofflaw can qualify for the amnesty program on pre-2008 tax liability by filling out an application and submitting it to the [...]

Online Payday Lenders: The Next Wave of Indentity Theft?

by Wendell Sherk, Missouri Bankruptcy Attorney

In the last few years, payday lenders have grown on the Internet.  Are you setting yourself up for identity theft problems? It’s a common-enough scenario these days:  You are looking for a quick, small loan and the Internet seems to make it really easy.  Just log-in to a friendly website, plug in your  personal information [...]

Frequently Asked Questions About Bankruptcy-Part Two

by Dana Wilkinson, Attorney at Law

A friend and colleage says that you can correctly answer any question about bankruptcy with the phrase “it depends.”  In this series I am trying to provide straightforward answers to some of the most frequently asked questions about bankruptcy, where that is possible.  In Part One, I discussed some questions about the information that you [...]

You Mean I Can Actually Sue My Creditors In Bankruptcy?

by Adrian Lapas, Eastern North Carolina Bankruptcy Attorney

In a word, yes! A debtor in a bankruptcy case can file a lawsuit within the bankruptcy case for any number of reasons.  The lawsuit is called an adversary proceeding. As the economy continues to struggle, the debt collection industry is also trying hard to get money out of your pocket and into theirs.  Many [...]

The Homestead Exemption in Bankruptcy is Hard to Lose

by Peter Orville, Binghamton Bankruptcy Lawyer

I recently blogged the question “Is it possible to lose my homestead exemption in bankruptcy court?”    This is an important question because people who file bankruptcy want to be sure that their homes will be safe.    That question has now been clearly answered in the Northern District of New York.   Bankruptcy Court Judge [...]