February 2010

What happens in bankruptcy if I have a medical malpractice claim?

by David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney

If you have a medical malpractice claim when you file a bankruptcy case, you must disclose it in your bankruptcy papers. Tell your bankruptcy lawyer everything.

The Worst Kind of Debt You Can Have: Student Loans (Part Three)

by Russell A. DeMott, Charleston Bankruptcy Lawyer

In parts one and two, I discussed how (1) the definition of student loans is extremely broad, and (2) the history of how student loans have been come increasingly difficult to discharge.  In this post, I’ll address the predominant legal standard used by almost all bankruptcy courts to determine whether a debtor’s circumstances create an [...]

HAMP Not Working, And Big Brother Knows It

by Kurt O'Keefe, Attorney at Law

I am not the only blogger who bemoans the Administration’s feeble foreclosure prevention program. The Huffington Post has an excellent story on the failure of HAMP, due to not getting the mortgage companies to voluntarily reduce the principal balances. That is, to agree to lower the total amount owed on a house. What happened is, [...]

Disclose property in foreign countries when filing bankruptcy

by David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney

It’s an extremely bad idea to leave out any property you own from your bankruptcy petition, even if it is in a country far away

Mortgage Deficiencies after Foreclsoure

by Nicholas Ortiz, Boston Bankruptcy Attorney

Mortgage deficiencies after foreclosure.

Will New Credit Card Rules Cause a Spike in Bankruptcy?

by Jonathan Ginsberg, Atlanta Bankruptcy Attorney

On February 22, 2010, a number of new regulations will go into effect requiring changes in the business practices of credit card issuers.   These new rule, part of a law called the Credit CARD Act of 2009, includes several provisions designed to benefit consumers, including: limits on interest rate hikes on existing balances a 45 [...]