December 2009

Courts have divided on whether a new means test form is due upon conversion from Chapter 13 to Chapter 7. Most recently, Massachusetts bankruptcy Judge Rosenthal held that a new form is not due upon conversion. See In re Guarin, 2009 WL 4500476 (Bkrtcy.D.Mass. 2009). In this, he split with colleagues in this circuit, notably [...]

Can a limited liability company file for bankruptcy? Yes, but not chapter 13.

by David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney

Limited liability companies can and do file bankruptcy cases. When they do, they are treated as corporations.

“Were You Naked When You Filed Your Bankruptcy?”

by Russell A. DeMott, Charleston Bankruptcy Lawyer

When you file your bankruptcy case, make sure you have all of your assets listed.  Leaving property off of your schedules can get you in trouble with the court and, in some cases, can make you and your lawyer look downright silly. For example, we all know used clothing isn’t worth anything.  However, if you [...]

What’s a “Debt Relief Agency”? One of a series

by David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney

Anyone who has been thinking of filing a bankruptcy case has seen that law firms who file bankruptcy cases call themselves “Debt Relief Agencies”.  This isn’t an accident. This is Congress’ way of trying to protect you.  Now, don’t you feel much better?  I thought so. According to the Bankruptcy Code, a Debt Relief Agency [...]

A Bankruptcy Riff on Christmas Songs

by Wendell Sherk, Missouri Bankruptcy Attorney

Do You Owe What I Owe? (To the tune of “Do You Hear What I Hear?”) Said the neighbor to the young man, “Do you owe what I owe? Bills up to the sky, young man, Do you see what I see? A choice, a choice, waiting in the night A new start to end [...]

Why I don’t do loan mods

by Chip Parker, Jacksonville Bankruptcy Attorney

As a Jacksonville Florida foreclosure defense attorney, I am often contacted by homeowners requesting representation in the loan mod process, and my answer is always the same: NO! My firm never engages in the pointless process of loan modification because we would like to keep our sanity, thank you very much! There is only one [...]