The Defense of Marriage Act [DOMA] , 1 U.S.C. 7, defines the word spouse in federal law to only include a person of the opposite sex. DOMA has been cited to preclude same sex married couples or couples joined by same sex civil unions from jointly filing bankruptcy. A February 23, 2011 order from President [...]
Andy Miofsky, Illinois Bankruptcy Attorney
Five years after bankruptcy reform, and millions of cases later, the Supreme Court is still deciding issues affecting the most basic administration of bankruptcy cases. The latest case, In re Ransom, held a debtor may not deduct an ownership expense on the Statement of Current Monthly Income [B22C] for a vehicle that was not encumbered [...]
“You can’t always get what you want”, sing the Rolling Stones, “but if you try sometimes, you might find you get what you need” by following these seven super not secret easy to follow steps to financial freedom and avoid bankruptcy. In this order: 1. Destroy all credit credit cards and close the accounts. Pay [...]
The New Bankruptcy Law [is] Five Years Old, so says Susanne Robicsek in her October 17, 2010 anniversary blog about bankruptcy reform legislation enacted in 2005. Tragically, now the old bankruptcy law is dead, in that all cases filed under the prior law have concluded, or should have by now. Chapter 7 cases usually complete [...]
Banks do not want to go to trial in mortgage foreclosure cases. Judges and the Wall Street Journal still do not get it. Banks want to avoid trial because trial shines a light on the facts of a case. When you want to see what’s buried in the back yard you grab a shovel and [...]
Payday Loan lenders could be sued in Illinois for failing to disclose the existence of an Electronic Funds Transfer [EFT] agreement in the loan disclosure box, so says the 5th Division of the First District Appellate Court of Illinois in the case of Randle v. Americash Loans, LLC, No. 1-09-2318 (July 30, 2010) Cook Co., [...]
