You may be able to deduct your student loan payment as an expense on your bankruptcy petition if you file Chapter 7, but usually cannot if you file Chapter 13. As you probably know, student loan debts are usually not dischargeable in bankruptcy. That means that if you file a Chapter 7, you will still have to pay [...]
January 2010
You may get a letter from your car lender, forcefully stating that you must reaffirm your car loan under the Bankruptcy Code. This simply is not true in Massachusetts. Massachusetts law says that a car cannot be repossessed if you are current on your payments, including insurance. Bankruptcy law says that there is no bankruptcy [...]
I received a phone call once from a very distressed client because I had placed on the outside of an envelope, United States Bankruptcy Court. Now the mailman knew that they filed bankruptcy and I have violated attorney client privilege. This was early on in my practice and a new scenario to me. I never [...]
Remember secret writing with lemon juice when you were a kid? It seems that a loan modification may be just as invisible over time as that childhood exercise. Loan modification requires reams of paper. Homeowners submit their information, the lender loses it, submit it again, and again, and… Given the difficulty that the lenders and [...]
Did you know that you or anybody else can see all bankruptcy papers online? You can. It’s not free but it’s not expensive either. PACER is the Public Access to Court Electronic Records. PACER System lets anyone with a computer and Internet access get any information about any bankruptcy case. PACER covers just about all [...]
An Adversary Proceeding is defined as: A lawsuit filed within the Bankruptcy Case. If you are a debtor in bankruptcy, it is possible that you, or your attorney, may sue a creditor or someone else, or you may be sued by a creditor or even the bankruptcy trustee. So, in essence it is a proceeding [...]
