December 2009

In a recent Chapter 7 341 hearing, the Chapter 7 trustee asked my client if he had any child support obligations.  My client does and the trustee proceeded to hand my client a form asking for the name, address, and telephone number of the custodial parent (client’s ex-wife) as well as the address and phone [...]

Video: Getting a Bankruptcy Discharge

by Jill Michaux, Kansas Bankruptcy Attorney

Do I get a discharge if I stop making my chapter 13 bankruptcy payments? I did not reaffirm my mortgage in my chapter 7 bankruptcy, may I walk away? Bankruptcy discharge or dismissal, what is the difference?

Don’t Cave In and Apply for Department Store Credit Card

by Carmen Dellutri, Southwest Florida Bankruptcy Attorney

Tis the season for Christmas spending, and this weekend I entered a Department Store against my will.  I hate shopping, but that’s another story. At checkout, the cheery young sales associate asked me a simple question.  ”Would you like to save 10% on your purchase today?”   (I just love this sales pitch. )  My wife [...]

What do “insider” and “affiliate” mean and why do I care? – First of a series

by David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney

The Bankruptcy Code is written in English – but sometimes it’s not in a language we understand. “Insider” is one of the words defined in the Bankruptcy Code. So is “affiliate”. Why does it matter to you? Well, lots of people borrow money from friends, family and relatives. And then, when they can, they pay [...]

#4 We Have a Post Marital Agreement — Does That Change Anything?

by Gini Nelson, New Mexico Bankruptcy Lawyer

#4 We Have a Post Marital Agreement — Does That Change Anything? This continues the series “I’m Filing, My Spouse Isn’t-What Happens?” The series is introduced here. After you are married, you may reach an agreement about who will be responsible for this or that expense or debt, or maybe who will get ownership of [...]

Why Short Sales Usually Are a Bad Idea

by Brett Weiss, Maryland Bankruptcy Attorney

Many of my clients tell me that they want to do a short sale. A short sale is where the mortgage lender agrees to accept less than the full amount due to release the mortgage lien and allow the sale to occur. If you can’t afford your mortgage, this sounds like a pretty good idea. [...]