Andy Miofsky holds the highest AV PREEMINENT rating from Martindale Hubbell Law Directory and a perfect 10.0 from AVVO. Andy is an Illinois consumer rights lawyer with offices in Granite City Illinois. Andy represents people with bankruptcy and student loan debt problems throughout the Southern District of Illinois since 1979.


Author: Andy Miofsky, Esq.

20 Oct How do I file bankruptcy? Duties and Documents in Chapter 7 and Chapter 13.

You can find a comprehensive list of duties related to filing chapter 7 and chapter 13 bankruptcy at 11 USC 521. This list includes acts of filing documents with the court, delivering records to the trustee or creditors, doing some things and not doing other things. Many of these terms have specific meaning related to bankruptcy law and local rules and procedures vary across the county. You should always consult an attorney for bankruptcy assistance. HERE IS AN ABRIDGED LIST of things a debtor is required to file at various times during most cases:
  • a list of creditors;
  • a schedule of assets and liabilities;
  • a schedule of current income and expenditures;
  • a statement of the debtor’s financial affairs;
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22 Jun You get what you pay for with cheap bankruptcy advice.

C. C. Chapman is a big shot in the world of marketing and motivational speaking. He sells advice, not bankruptcy advice, but he talks and people listen. He tells people what he knows and he does it at events big and small. For the right price, he is the go-to-guy. And that price can be big or small, depending on the circumstances, because he figured out the need to charge for his services based on his value. And he measures value based on the needs of his clients. In doing so, he also learned to say no to people who do not value his time – people who want something for free. In his blog,, he tells why he turned down an offer to speak for free to a group who told him “we get the same quality from people we pay or don’t pay.” C. C. believes experience is knowledge that should not be handed over for free to one person and charged to another. I agree, and I believe legal knowledge achieved through years of study and experience should not be undervalued.
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29 May How To Fill Out The Reaffirmation Agreement And Cover Sheet in Five Easy Steps

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 Five Easy Steps for you to complete the debtor portion:
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30 Apr Divorce during Bankruptcy

One of the leading causes of marital conflict involves money, or lack thereof. If you and your spouse filed a joint bankruptcy and you are now considering divorce, your respective financial positions may be at odds with each other. One person may want the house, one may not. Both may want the same vehicle. Who will pay, who will not. Think about that for a moment, if you cannot agree to get along in marriage, will you be able to agree to do the things necessary to complete your case after you divorce. This situation places the attorney squarely in a potential conflict of interest between both spouses. An attorney cannot serve two masters. [caption id="attachment_28861" align="alignleft" width="176" caption="Conflict resolution"][/caption] This conflict does not exist if only one spouse is represented in bankruptcy unless the attorney also has an attorney client representation arrangement with the other spouse on some other matter. In a joint bankruptcy case, the attorney represents both parties. That attorney cannot ethically pick and choose sides or plan strategy favoring one client against the other. Even if you only want a simple question answered, a conflict of interest prevents the attorney from providing one spouse advice that could hurt the other spouse. So what do you do?
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