There are only a handful of court cases discussing how, or perhaps even whether, the attorney-client privilege applies in a bankruptcy case. A North Carolina bankruptcy court recently considered this question, and it confirmed what many have feared: the attorney-client privilege in bankruptcy is narrow in scope, and it may hardly exist at all. Taylor [...]
March 2010
A recent California bankruptcy court decision addressed the question of when the circumstances creating “undue hardship” must arise to be condidered relevant in determining the dischargeability of student loans. This case, In re Zygarewicz, 2010 WL 710661 (Bky.E.D.Cal. Jan. 15, 2010), held that post-bankruptcy circumstances are not relevant in answering that question. The debtor in [...]
Now that we’ve gotten almost through the first two pages of our bankruptcy petition, we’re ready to figure out the court where you will file your bankruptcy petition. You’d think this would be a piece of cake too. For people who don’t move around too much, this is not too much of a problem. But [...]
Bankruptcy – it’s easy, right? Anyone can do it, right? Read on. So, intrepid readers, we are still learning how to file for bankruptcy. We’ve gotten just part way through the second page in this, our third installment. After you read this third installment, you’ll almost be done with page 2 of your bankruptcy papers. [...]
Will I ever get credit again? is the query from prospective bankruptcy clients. Before the Great Recession that we are living through, my answer was a confident, “Absolutely“. Now I’m not sure that what I’ve learned about bankruptcy and credit over 30 years of practice is of much use predicting the future. Clients come worried [...]
People think it’s easy to file bankruptcy. You’d be surprised how many people try to do it themselves. And even more people pay so-called “petition preparers” who say that they know how to do it for them. Usually, they mess up. We spent an entire article discussing just how to fill out the first page [...]
