August 2011

Judgments and Liens — Different, Depending on Where you Live

by Gini Nelson, New Mexico Bankruptcy Lawyer

A client told me yesterday he had been researching on the internet over the weekend and had learned that “judgments cannot be discharged”, and so “why is it worth doing a bankruptcy?”  He was concerned because a big part of his problem is liens placed on his house and he wants to sell it and [...]

No Five-Year Plan Limitation in Chapter 11

by Nicholas Ortiz, Boston Bankruptcy Attorney

Chapter 13 bankruptcy is usually a good fix for someone behind on their mortgage if a loan modification outside of bankruptcy is not possible and foreclosure is looming. However, there are times when a Chapter 13 will not work. I will mention three of these and then say a few additional words about the last. [...]

Keep Your Nest Egg

by Douglas Jacobs, California Bankruptcy Attorney

Don’t take money out of your retirement account to ease a temporary economic crunch. Difficult times come and go; and sometimes they seem insurmountable.  When that happens, it might appear wise to tap into the 401k or the IRA and borrow or take some of the funds.  Don’t do it! I see bankruptcy clients every [...]

Bankruptcy Attorneys Need To Unplug Every Once In A While

by Carmen Dellutri, Southwest Florida Bankruptcy Attorney

The Bankruptcy Law Network was created to furnish timely analysis of bankruptcy procedure, bankruptcy case law and bankruptcy tips of the trade for the seasoned and newbie bankruptcy practitioner. When we started the BLN, we were a bunch of hungry bankruptcy attorneys who were on a mission to spread great information to everyone and anyone [...]

How To Beat A Debt Buyer’s Claim

by L. Jed Berliner, Springfield, MA Bankruptcy Attorney

Today, I’m going to stand on the shoulders of my colleague Kent Anderson and add to his post on Objecting to Credit Card Claims in Bankruptcy. You want to do this as a Chapter 13 debtor when you are above median or have unprotected assets.  In either situation, you want to kick out as many claims [...]

Get Your Own Economic Stimulus – Through Bankruptcy

by Wendell Sherk, Missouri Bankruptcy Attorney

The U.S. economy needs a stimulus.  Many American households would be better served by filing bankruptcy to free-up some income to support their family, rather than waiting for Congress or the banks to help move us forward. It doesn’t sound right, does it?  You file bankruptcy to help the economy? But right now, President Obama [...]