June 2011

How To Be A Good Bankruptcy Client

by Adrian Lapas, Eastern North Carolina Bankruptcy Attorney

Much has been written about what potential debtors should look for in a bankruptcy lawyer.  Well, it is a two-way street and bankruptcy lawyers will also be sizing you up to determine if you will be a good bankruptcy client.  Remember, both the lawyer and the client have the shared goals of getting you through [...]

Another Ivory Tower Intellectual Gets Consumer Bankruptcy Wrong

by Jonathan Ginsberg, Atlanta Bankruptcy Attorney

This week’s Forbes magazine contains an editorial by tax lawyer Steven J. Dunn entitled “Consumer Bankruptcies do More Harm than Good.”   Mr. Dunn acknowledges that he is not a bankruptcy lawyer (although he knows a few bankruptcy lawyers – including his son, who once represented a bank in a lawsuit against the president of a [...]

Advice for Creditors on Reaffirmation Agreements

by Russell A. DeMott, Charleston Bankruptcy Lawyer

Yes, you read it right.  This is about giving creditors advice about reaffirmation agreements.  It just might be a first here at Bankruptcy Law Network.  But it’s occurred to me that creditors deserve some help from time to time.  So why not? The reaffirmation provisions are hopelessly flawed Before 2005 reaffirmation was simple.  The debtor [...]

So, you’re in a Chapter 7 bankruptcy and you want to know whether you should reaffirm your car loan.  A reaffirmation agreement basically takes a secured loan, like a car loan, outside the effect of your bankruptcy discharge.  As to that one debt, it’s like you never filed bankruptcy.  You filed Chapter 7 bankruptcy in [...]

Sub-prime Loans are Back – this time in Auto Loans

by Jonathan Ginsberg, Atlanta Bankruptcy Attorney

An article in this past week’s issue of the online publication Collection & Credit Risk raises the question of whether the spread of sub-prime loans in industries other than mortgages could prompt a replay of the Great Recession of 2009. According to credit bureau Experian, financing for new and used vehicles to borrowers with credit [...]

Chapter 7 Bankruptcy And The Reaffirmation Agreement!

by Kevin Gipson, New Orleans Bankruptcy Attorney

One of the hardest issues for a bankruptcy attorney to deal with is the issue of the Reaffirmation Agreement. When a person files a Chapter 7 bankruptcy he is given a rare opportunity:  To start over fresh without his debts! This means that a debtor has the right to get rid of both his debts to unsecured creditors and secured [...]