It is not uncommon that when one files for bankruptcy that they feel that their world comes tumbling down around them. In fact the feeling can become so overwhelming that thoughts of suicide may be present because they view bankruptcy as a direct result of their failures. When contemplating a response to the statement of [...]
May 2011
Some bankruptcy lawyers react to an inquiry from a potential bankruptcy client, who is a deaf person, with apprehension. The lawyer might view the prospect of running afoul of the Americans with Disabilities Act, with its requirement of reasonably accommodating a deaf person’s disability, as a frightening thing which ought to be avoided. This fear can [...]
There is to be a new experiment in permitting New Mexican pro se debtors (self-represented debtors) file their bankruptcies electronically. The purpose is to help permit greater access to court, but I suspect another primary purpose is to try to ease some of the burden on court staff, as pro se filers before could take [...]
Yesterday, the United States Court of Appeals for the Fourth Circuit (Maryland, Virginia, West Virginia, North and South Carolina) affirmed the bankruptcy court’s decision to dismiss the debtors’ Chapter 7 case based on the totality of the circumstances under 11 U.S.C. § 707(b). The court noted that the Bankruptcy Abuse Prevention and Consumer Protection Act [...]
While the recent trend in Congressional tweaking of the Bankruptcy Code and resulting case law decisions from various federal circuit courts and even the Supreme Court has been to reduce the level of protection available to debtors, bankruptcy judges remain extremely protective of the integrity of the automatic bankruptcy stay. A recent Northern District of [...]
You have financial problems and you’re not sure you want to file bankruptcy. The first thing you need to know is this: That’s okay! Why should you know for sure that you need to file bankruptcy? If you haven’t met with a bankruptcy lawyer, how would you possibly understand what bankruptcy has to offer? Feeling [...]
