Miscellaneous fees in the U.S. Bankruptcy Courts increase again on November 1, 2011. The filing fee to initiate a bankruptcy case is not technically changing, but the “administrative” fee is going up $7 so the total fees that must be paid to file a new bankruptcy case go up by $7. The new total [...]
September 2011
New Mexico had its largest wildfire in its history this summer — the Las Conchas fire burned 156,593 acres (244.6 square miles) not far from where I live. To me, the continuing harsh economic times also continue to consume ground people once took for granted. In my state, New Mexico, starting on October 14, 2011, [...]
In the previous installment, we discussed the 8th Circuit’s Benn decision which began a sea change in Missouri bankruptcy exemptions. To see how Benn‘s unusual opinion created uncertainty in Missouri bankruptcies, one need look no further than our state teacher pension plans. Prior to 2010, almost no one seriously imagined a state employee’s pension plan [...]
I wrote about attorney fees as a means test deduction some time ago. BAPCPA’s provision, codified at section 707(a)(2)(A)(iv) of the Bankruptcy Code, says that priority claims are deducted from income. Priority claims include a Chapter 13 debtor’s counsel’s fees. See sections 507(2), 503(b)(2), and 330(a)(4)(B). Therefore, our attorney fees are a means test deduction. Oddly, the [...]
As a Consumer Bankruptcy Attorney, I really enjoy explaining the benefits of Chapter 7 Bankruptcy and Chapter 13 Bankruptcy to a potential client. Bankruptcy is a financial planning tool, plain and simple, kind of like a Swiss Army Knife. Inside this one tool, you have many different options. I enjoy watching their faces light up [...]
Yup. Scared? Well, it just not so simple as that, so don’t believe the collectors when they call and say they will have you arrested and put in jail for not paying a debt. While it is possible, there are a lot of safeguards for consumers in financial trouble, including bankruptcy. Let’s start with [...]
