August 2010

Bankruptcy and your Second Mortgage

by David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney

People in chapter 7 bankruptcy frequently face foreclosure.  They owe more on their first mortgage than their house is worth.  Maybe they even have a second mortgage. That second mortgage could be a line of credit or a HELOC or just a plain vanilla mortgage loan.  But, the house has gone down so far in [...]

Chapter 13 Plan Sunk By Taxes

by Cathy Moran, California Bankruptcy Lawyer

Failure to withhold enough for  taxes due post confirmation of a Chapter 13 bankruptcy can be fatal to the case. Some of the things that interfere with a debtor’s ability to fund a Chapter 13  plan are outside their control:  job loss and illness come immediately to mind.  But the preventable cause of many case [...]

Can the bankruptcy trustee take my tax refund?

by David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney

A bankruptcy trustee might be able to take your income tax refund whether you have filed a chapter 7 or chapter 13 bankruptcy case. Some courts say that this procedure is improper – but it happens every day in many places.   How can this be?  Well, income tax refunds in chapter 13 are “property [...]

Planning Bankruptcy, Stop Paying Creditors?

by Kurt O'Keefe, Attorney at Law

You might file bankruptcy, well, for sure, so you stop paying those annoying creditors, but when is the best time? The answer is:  it depends.  What did you expect?  I am a lawyer. Keep paying the mortgage or mortgages if you are keeping your house. Keep making the lease payments or payments to purchase the [...]

Paying for Bankruptcy: “Running on Empty”

by Russell A. DeMott, Charleston Bankruptcy Lawyer

In my Charleston, South Carolina bankruptcy practice, I’m frequently asked, “how much is it?”  I recently wrote about attorneys fees in bankruptcy and how the amount of the fee should not be your primary focus in hiring an attorney.  After all, you want quality representation and you want the debt as gone as it can [...]

Isaiah 57:19 And Bankruptcy.

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

When you are considering filing bankruptcy why not consider Isaiah 57:19. Isaiah 57:19 generally states “I create the fruit of the lips…”. If you hang around any attorneys you will hear “words have meaning.”   So whether you consider what the Bible proclaims or attorneys proclaim the bottom line is that words have power to create [...]