July 2010

Is Bankruptcy the Right Option For My Business?

by Douglas Jacobs, California Bankruptcy Attorney

Filing bankruptcy for your business can end the frustration and stress of trying to keep the “doors open” on a failing endeavor.  But is it necessary? If you have a sole proprietorship, you can’t file bankruptcy just for the business without including all of your personal assets and debts.  That may be a good thing, [...]

Bankruptcy and Love

by Russell A. DeMott, Charleston Bankruptcy Lawyer

As a bankruptcy lawyer, I’m often contacted by folks who ask, “Should I marry someone who is about to file bankruptcy?”  Understandably, they don’t want to be on the hook for the debts of their future spouse. But then there’s love.  He makes her heart go thump thump.  She’s desperately in love with him.  She [...]

Court Rules That Private Employers May Refuse To Hire Based Upon Bankruptcy Filing

by Craig Andresen, Minneapolis, MN, Bankruptcy Attorney

In Rea v. Federated Investors, 2010 WL 370334 (W.D.Penn. Jan. 29, 2010), a U.S. District Court held that section 525(b) of the Bankruptcy Code does not forbid a private employer from refusing to hire a job applicant solely because the job applicant filed for bankruptcy in the past.  The court stated that while section 525(b) [...]

Why Are Some Creditors So Stupid? “The Grand Illusion”

by Russell A. DeMott, Charleston Bankruptcy Lawyer

I’ve been thinking of some of the bizarre things I’ve seen creditors do lately.  You’ll find a lot written about abusive creditors, mean creditors, heartless creditors, and law-breaking creditors here at Bankruptcy Law Network.  But what about stupid, self-destructive creditors? It’s obviously bad to violate the Fair Debt Collection Practices Act or the Bankruptcy Code’s [...]

Do I Need An Attorney To File Bankruptcy?

by Kevin Gipson, New Orleans Bankruptcy Attorney

Do you need an attorney to file bankruptcy? No!  Absolutely not! There is no requirement that you be represented by an attorney when you file a bankruptcy!  In fact, I found a website today that tells you how to do one yourself!  Tips Catalog! Should you use an attorney to file your bankruptcy? Yes!  Absolutely! There [...]

Should I Get A Bankruptcy Attorney?

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

Should I represent myself in a Bankruptcy is the all time question people ask themselves when considering bankruptcy.  Is this a silly question?  Absolutely not because Congress has mandated that attorneys inform you that you have the absolute right to represent yourself.  11 U.S.C. 527(b) of the Bankruptcy Code specifically states: “If you decide to [...]