September 2010

Many people think that bankruptcy courts can’t conduct jury trials, and that all preference and fraudulent conveyance cases in bankruptcy cases (called “adversary proceedings”) have to be tried before the bankruptcy judge without a jury.   But this is not true.  If you have been sued by a trustee (or Chapter 11 debtor) to recover a [...]

Thinking of Filing Bankruptcy? Don’t Always Listen To Friends.

by Susanne Robicsek, North Carolina Bankruptcy Attorney

  “My friend told me that I will lose my house if I file bankruptcy so I know I don’t want to do that  … but I have so much debt I just don’t know what to do.” The myth that you can’t file bankruptcy and keep your house just won’t go away.  While some people [...]

The Reaffirmation Trap — for Debtor and for Debtor’s Counsel

by Gini Nelson, New Mexico Bankruptcy Lawyer

I deeply respect Jed Berliner and his contributions to the Bankruptcy Law Network, and read with interest his recent post Affirm or Reaffirm After Bankruptcy, It’s Trouble Whatever It’s Called. You’ll notice a lot more posts now about reaffirmation such as Russ DeMott’s series  beginning with Reaffirmation Agreements: “Let Them Eat Steel! (Part One). The [...]

One American is filing bankruptcy every 15 seconds

by David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney

For the fiscal year 2010 ending June 30, 2010, over 1.5 million bankruptcy cases were filed in the United States.  For the American people, that is a remarkable rate of one case every 20 seconds.  Since many of these bankruptcy filings in the United States involved married couples, it’s obvious that well over 2 million [...]

Bankruptcy And All Debts

by Douglas Jacobs, California Bankruptcy Attorney

When you file bankruptcy, regardless of which chapter, you must list all of your debts and all of your assets.  Bankruptcy law requires you to list both and you are signing the petition under penalty of perjury that you have listed everything. If you don’t list all of your assets, lots of bad things can [...]

American Shingle Bankruptcy Part Two

by Susanne Robicsek, North Carolina Bankruptcy Attorney

American Shingle roofing company recently filed for Chapter 7 bankruptcy leaving many consumers without their deposits and without a new roof.  I wrote about the filing earlier in an article American Shingle Files Chapter 7 Bankruptcy but I wanted to give consumers a little more information about bankruptcy procedures since most have never been creditors in [...]