December 2010

When Bankruptcy Chapter 13 Plan Hits Trouble

by Cathy Moran, California Bankruptcy Lawyer

Have the wheels come off your Chapter 13 bankruptcy plan? All is not necessarily lost if you find you can’t make the monthly payment in a confirmed Chapter 13 case.  There are several options to letting the bankruptcy case get dismissed for non payment. Plan modification The Bankruptcy Code allows a debtor to modify the [...]

Christmas and Mortgage Payments: Don’t Confuse Priorities!

by Wendell Sherk, Missouri Bankruptcy Attorney

Being in bankruptcy means remembering priorities.  A big priority is keeping a roof over your head.  As I have in the past, I will suggest that this is even more important than Christmas. If you have had to file bankruptcy, your budget is probably already tight.  If you recently filed Chapter 7, you probably don’t [...]

Credit Cards and the Christmas Holidays – a Dangerous Combination

by Jonathan Ginsberg, Atlanta Bankruptcy Attorney

Season’s Greetings – and a word of caution. This is a wonderful time of year, a time for giving thanks, for counting blessings, for sharing joy and for giving to others.   The natural desire to express our love through gifts burns strong in our hearts (and the fire is stoked by incessant advertising.) This year, [...]

Reaffirming A Mortgage?

by Kurt O'Keefe, Attorney at Law

Reaffirming is the only way to remain liable on a debt that is otherwise dischargeable in a Chapter 7 bankruptcy. At least in Michigan, signing a reaffirmation agreement is never a good idea, unless the bank is changing the terms to your advantage. If you keep up the taxes and insurance, and make the payments, [...]

Success In Bankruptcy Means You Focus On What You Gain And Not What You Have Lost.

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

In order to succeed in bankruptcy it is critical for you to focus on what you have and not what you have lost.  The holiday season is always tough for debtors regardless if they are in a Chapter 7 or Chapter 13.  People have a tendency to worry about living in the holiday moment and [...]

NC Supreme Court Rules That Money Withdrawn From IRA Is Exempt

by Adrian Lapas, Eastern North Carolina Bankruptcy Attorney

On November 5, 2010, the North Carolina Supreme Court issued its opinion in Kinlaw v. Harris, (2010 WL 4368438).  In Kinlaw, a judgment creditor obtained a judgment against Harris for a large sum of money.  The judgment creditor then issued process against Harris to pay the judgment from Harris’ assets including two Individual Retirement Accounts [...]