July 2011

InsideARM, a accounts receivable management blog reported today that during the past week, a consumer was awardeda $1.26 Million verdict in a Fair Debt Collection Practices Act (FDCPA) lawsuit  in New Mexico.  The consumer, a “Lucinda Yazzie”, had brought the lawsuit after the debt collector had attempted twice to garnish wages for a debt that the consumer […]

The National Consumer Law Center has launched the Bankruptcy Mortgage Project, a treasure trove of legal resources about home mortgage issues in consumer bankruptcy cases. The NCLC website collects local rules, forms, general orders and opinions about consumer mortgage issues from the 352 bankruptcy judges in 89 judicial districts in the United States.  It serves […]

Executory contracts get special treatment in bankruptcy.  They are roughly defined as a contract where both parties still have to perform – think lease -  unlike a loan where the lender’s obligations ended when the loan was made. Executory contracts need to be listed in Schedule G, giving notice of the bankruptcy case to the other […]

Perhaps you’re self-employed.  Or maybe you own a small corporation or LLC.  Times are hard.  Time to see a bankruptcy attorney.  You might be surprised to realize that these two items are considered assets:  accounts receivable and unbilled work in progress.  A trustee can try to take these by telling your customers to pay him instead.  This will definitely […]

Unfiled Tax Returns in Chapter 13

by Nicholas Ortiz, Boston Bankruptcy Attorney

July 25, 2011

Tax returns can be a trap for the unwary in Chapter 13 bankruptcy. Often, bankruptcy debtors do not have their tax returns squared away and filed before filing for bankruptcy. When non-tax creditors are pursuing you, and you need quick relief, often tax returns are the last thing on your mind. However, the need to […]

How do you go about choosing your bankruptcy lawyer?  Most people never expect to be faced with bankruptcy.  Then there’s the embarrassment factor.  Facing bankruptcy is not something that most people are anxious to share with friends and neighbors. It’s not like asking for advice about a hairdresser or lawn service.  So how do you […]