February 2010

Social Security Income Does Not Have To Be Used To Pay Your Creditors.

by Rachel Lynn Foley, Kansas City, MO, Bankruptcy Attorney

In re Green 09-44481 of the Western District of Missouri Bankruptcy Court established that Social Security funds do not necessarily need to be used to pay one’s creditors.  In this case the debtors have a surplus of income in the amount of $1,468.94 per month.  This surplus income is solely derived from Social Security benefits.  [...]

What Does the Chapter 7 Trustee DO in My Bankruptcy Case?

by David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney

Debtors are frequently scared of chapter 7 trustees.  They don’t have to be. The general idea of bankruptcy is pretty simple. An honest debtor gets a discharge in bankruptcy.  The price of a discharge in bankruptcy is that the non-exempt assets of a debtor may be sold (liquidated) and the proceeds distributed to creditors. In [...]

What Can I Keep When I File Bankruptcy in Virginia?

by Dan Press, Virginia and D.C. Bankruptcy Attorney

Most people who file bankruptcy can keep everything they own.  When filing bankruptcy, a Virginia resident is entitled to keep certain property as exempt from the trustee and creditors.  The major Virginia exemptions include: • Up to $5000 in household goods and furnishings. • Up to $1000 in wearing apparel. • Up to $2000 in equity in [...]

Show Mom How Much You Love Her by NOT Paying Her Back! (Part One)

by Russell A. DeMott, Charleston Bankruptcy Lawyer

But I Love My Mother! I know you love your mother. I love mine, too. But if you’re in financial trouble, the best way to show her that you love her is to not pay her back–that is, until after your bankruptcy. Bankruptcy law can be counter intuitive. You think something’s logical. It makes sense [...]

#6 My Spouse Does Not Want To Cooperate! What Do I Do Now?

by Gini Nelson, New Mexico Bankruptcy Lawyer

#6 My Spouse Does Not Want To Cooperate! What Do I Do Now? This continues the series I’m Filing, My Spouse Isn’t-What Happens? The series is introduced here. First, take a breath. The primary point in a bankruptcy is your good faith to fully and truthfully disclose all required information. You cannot make your spouse [...]

What’s a financial management course and why do I need one to get my bankruptcy discharge?

by David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney

If you don’t take your personal financial management course, your case will be closed without discharge.