December 2009

What’s a custodian? Get your car back in bankruptcy.

by David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney

You may be able to get your car back in bankruptcy even if it has been repossessed before you file your case. That’s because the repo guy is a “custodian” under the Bankruptcy Code. A ”custodian” means: receiver or trustee of any of the property of the debtor, not in bankruptcy assignee under a general assignment [...]

Can I Keep Two Houses If I File Chapter 13 Bankruptcy?

by Kevin Gipson, New Orleans Bankruptcy Attorney

Can you keep two houses if you file for Chapter 13 Bankruptcy? Like so many questions in bankruptcy, the answer is:  It depends. When most people file a Chapter 13 bankruptcy they are generally doing so to either save a house from foreclosure, or because the person is an “over means” debtor which requires them to file a Chapter [...]

Who is a “family fisherman”? One of a series

by David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney

The Bankruptcy Code likes “family fishermen.”  It’s not easy to make a living as a fishermen.  In fact, statistics demonstrate that family fishermen have had a difficult time eking out a living.  This is particularly important in coastal states such as Maine, Louisiana, Mississippi, Maryland, Florida and Alaska. You may have heard that “family farmers” [...]

Does Working On A Mortgage Modification Stop Foreclosure?

by Susanne Robicsek, North Carolina Bankruptcy Attorney

Planning a bankruptcy fresh start after the holidays?

by Cathy Moran, California Bankruptcy Lawyer

It’s tempting to think you’ll just get through the holidays before facing facts and filing for bankruptcy.  I’m all in favor of facing facts and righting the listing financial ship, but your ability to get a bankruptcy discharge can be impacted by your spending behavior in December. I’m talking about your use of credit cards [...]

One of the questions you will need to answer when you file your bankruptcy schedules is how much cash you have.  This means how much cash you have in each and every bank account, savings account, money market account, buried somewhere, someone else is holding for you, that you have  on your person, in your [...]