February 2010

Debt Limits for Chapter 13 Eligibility to Increase on April 1, 2010

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

            With the recent housing boom and bust, many people find themselves with debt in excess of the eligibility limits for Chapter 13, which since 2007 have been $1,010,650 in  secured debt, and $336,900 in unsecured debt.  But on April 1, 2010, those debt limits (along with most other dollar amounts in the Bankruptcy Code, [...]

How to annoy, upset and aggravate your bankruptcy trustee and delay your discharge – part 4

by David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney

There are so many ways you can really honk off your bankruptcy trustee.  What you really want is to be invisible to your bankruptcy trustee.  So how else can you really perturb (isn’t that a nice “p” word?) your bankruptcy trustee and foul up (isn’t that a nice “f” word?) your bankruptcy case? A really [...]

How to annoy, upset and aggravate your bankruptcy trustee and delay your discharge – part 3

by David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney

It’s tax return season.  Most of the time, you are not thinking of your income tax refund when your visiting your bankruptcy lawyer’s office.  The one exception is if your attorney is asking you to pay your fee with it. Why should you care about your income tax refund when you are filing bankruptcy?  Because [...]

When you file a bankruptcy case, your bankruptcy trustee wants data.  Depending on the district you live in, it could be a little or a lot.  You have a duty to cooperate with the trustee.  Not only that, it’s common sense.  The trustee is the main thing which stands between you and your discharge.  And [...]

When you file a chapter 7 bankruptcy case, you want to get your discharge – fast.  That means just after 60 days from the time you have your first meeting of creditors.  And that happens about a month after you file your case. Usually, it is only the chapter 7 trustee who might stand in [...]

Appeals Court: Failure to Amend Chapter 13 Papers Prevents Lawsuit From Going Forward

by Craig Andresen, Minneapolis, MN, Bankruptcy Attorney

If a chapter 13 debtor suffers employment discrimination years after filing her bankruptcy, and then fails to amend her bankruptcy papers to say she can sue her employer, “judicial estoppel” prevents her from ever suing her employer over the discrimination.  In this recent decision by the U.S. Court of Appeals, Eleventh Circuit, one judge on [...]