February 2011

The recent Supreme Court decision of Schwab v. Reilly dealt with a rather technical question of just what are debtors protecting when they claim an exemption in their bankruptcy? The Court said that a debtor must indicate that they are claiming an exemption for the full value of the item not just a portion of [...]

How Can Bankruptcy Help Me?

by Carmen Dellutri, Southwest Florida Bankruptcy Attorney

As a Consumer Bankruptcy Attorney, I meet quite a few people who are investigating what bankruptcy can do for them.  Often the question will arise:  How Can Bankruptcy Help Me?  I think it is a great question, and it is one that I try to answer for each and every individual that walks through my [...]

NACBA Goes to Washington

by Jill Michaux, Kansas Bankruptcy Attorney

The National Association of Consumer Bankruptcy Attorneys (NACBA) meet in Washington, D.C., in April.  The deadline for discounted “early bird” registration is Friday, March 4, 2011. The 19th annual NACBA convention on April 15-17, 2011, is being combined with the annual members-only Capitol Hill meeting on April 13-14, 2011.  Meeting headquarters is the Washington Marriott [...]

Can I Get Out of a Bad Oil and Gas Lease If I File Bankruptcy?

by Peter Orville, Binghamton Bankruptcy Lawyer

Many landowners, particularly struggling farmers in Upstate New York, are trying to get out of gas leases they signed several years ago and replace them with new gas leases. It could make a difference of over $1,000,000 to the landowner. Filing bankruptcy could be the tool they need. For several years gas companies have known [...]

Mortgage, Car Payments Not Reported After Bankruptcy

by L. Jed Berliner, Springfield, MA Bankruptcy Attorney

You’ve made your mortgage or car payments after bankruptcy.  Your credit report says “zero payments made”.  That’s as it should be, and it’s for your benefit.  (Your credit will rebuild anyway.  Here’s more, and here’s even more.  But it’s not all roses.)  Here’s why. A mortgage consists of two parts, the personal obligation that you [...]

Where Does Bankruptcy Law Come From? Part 1: The Code

by Wendell Sherk, Missouri Bankruptcy Attorney

Bankruptcy law in the United States is an amalgam of rules that comes from various sources sometimes with an exquisite harmony — like a fine orchestra — and sometimes with great disharmony — like an engine with a blown bearing.  The variety of sources for the law makes it particularly complex to practice as a [...]