May 2012

A common misconception about bankruptcy is that it completely destroys your credit for 10 years. This is simply not true. Here, two completely different concepts are being confused with each other. The fact that bankruptcy is reported on your credit report for 10 years (7 years for Chapter 13) is getting mixed up with the […]

To reaffirm a debt in bankruptcy you must ask your creditor to send you reaffirmation paperwork, consisting of a Reaffirmation Cover Sheet, a Reaffirmation Agreement, and a Motion For Approval of Reaffirmation Agreement.  The creditor should fill in most or its entire portion of these papers before sending you the documents.  Here are Andy Miofsky’s […]

I was recently surprised to hear from a 2008 client who was just denied a $4,000 loan for a new roof by a credit union.  The reason was not having any post-bankruptcy credit on her credit report. She and I had agreed that it did not make sense to incur unnecessary debt after her bankruptcy and […]

Bankruptcy is a terribly hard thing for most people to consider.  So is surgery.  Oddly many people are more likely to go ahead with a necessary surgery — an invasion of their body — than they are to go see a bankruptcy lawyer. The irony is that the bankruptcy option may be easier, and certainly […]

Would Joel Tennenbaum’s Napster Fine be Dischargeable in Bankruptcy?

by Nicholas Ortiz, Boston Bankruptcy Attorney

May 23, 2012

Yesterday, May 22, 2012, the Supreme Court declined to hear the appeal of the large damage award levied against Boston University student Joel Tennenbaum for downloading and sharing 30 songs on Napster. Wikipedia’s summary of the case can be read here. First of all, this post is in the nature of a thought experiment; it […]

With apologies to Paul Simon:      You Just slip out the back, Jack      Make a new plan, Stan      You don’t need to be coy, Roy      Just get yourself free      Hop on the bus, Gus      You don’t need to discuss much      Just drop […]