June 2011

When a Tax Lien Can Be a Good Thing…

by Brett Weiss, Maryland Bankruptcy Attorney

Tax liens usually aren’t good things. But in at least one situation, they can help someone save their home in bankruptcy. In those states, such as Maryland, that do not have unlimited homestead exemptions, bankruptcy attorneys often have to deal with clients who own real estate that has non-exempt equity. This equity can be a [...]

Debts: Watch Out For Calls From Scammers Threatening Pay Or Go To Jail

by Susanne Robicsek, North Carolina Bankruptcy Attorney

You do not go to jail for failure to pay an ordinary debt, but creditors sometimes like to threaten you with jail in order to get you to make a payment and scammers like to scare you out of your money too.  Don’t get scared by lies and tricks by collectors or false collectors. Apparently [...]

How quickly can I file a bankruptcy?

by Chip Parker, Jacksonville Bankruptcy Attorney

Technically, you can file a bankruptcy the same day you meet with a lawyer.  However, this is advisable only under the most extreme circumstances.  Under normal conditions, you can expect the process to take a couple of weeks from the time all of your paperwork is returned to your lawyer’s office. If you need to file [...]

5 Reasons Not To File A Chapter 7 Bankruptcy for a Corporation

by Eugene S. Melchionne, Connecticut Bankruptcy Lawyer

(And One Good Reason Why You Should) Do you have a business that is in a corporation?  Is it failing and you think you need to file a bankruptcy case to get rid of the business debts?  Don’t! Why shouldn’t you file a bankruptcy for a corporation?  Let me count the ways: No Discharge of [...]

Court Holds that Same Sex Married Couple can File a Joint Bankruptcy Petition

by Dan Press, Virginia and D.C. Bankruptcy Attorney

According to an opinion signed, extraordinarily, by 20 of the 24 judges of the U.S. Bankruptcy Court for the Central District of California, based in Los Angeles, the Defense of Marriage Act (“DOMA”) is unconstitutional insofar as it bars same-sex couples who are legally married under state law from filing joint bankruptcy petitions.  Under the [...]

Bankruptcy Has Many Points Including Dealing With Judgments

by Susanne Robicsek, North Carolina Bankruptcy Attorney

Bankruptcy has a point, even if the editorial writer for Forbes, Steven Dunn, doesn’t see it.   His wrote a statement in his article  entitled Consumer Bankruptcies do More Harm than Good that “Most consumer bankruptcies are pointless“.  In my opinion this is an inaccurate and an irresponsible thing for a lawyer to say, especially one who doesn’t practice consumer bankruptcy [...]