It’s a story which would make any bankruptcy lawyer cringe: “I deeded my cabin to my brother so I couldn’t lose it to my creditors.  My cousin’s girlfriend’s lawyer told me on the phone that would be a good move.”  Ouch!  As bankruptcy lawyers know, judgment creditors can reverse fraudulent transfers, negating the utility of this manuever.  Worse, [...]

Bankruptcy lawyers have grown accustomed to hearing alarming stories from clients about so-called mortgage loan modifications which never seem to be finalized: homeowners being strung along by disingenuous mortgage company reps until foreclosure, “trial modifications,” unreturned phone calls, never ending requests for documents, never getting the same mortgage company rep on the phone twice, being asked for the [...]

Sections 707(b)(2) and 1325(b) of the bankruptcy code allow a chapter 7 or chapter 13 debtor to claim an expense for charitable contributions, including tithing to a religious organization.  This has the possible effect of allowing a debtor to qualify more easily for chapter 7, or allowing a chapter 13 debtor to pay less money [...]

There really are few reasons which are good enough to justify rescheduling a bankruptcy meeting of creditors (or section 341(a) meeting).  After all, the bankruptcy filing amounts to “making a federal case out of things,” and it just doesn’t seem right for the debtor to fail to make room in his or her schedule to [...]

Bankruptcy lawyers can’t help but pay special attention to TV or radio ads aired on behalf of so-called “debt settlement” companies.  Aside from the fact that such firms have frequently been the subject of federal or state regulatory investigations, their ads are often filled with misleading or questionable claims.
Here are some quotes from ads recently aired [...]

This question comes up often in a bankruptcy lawyer’s office, and each time it does the answer is nearly always the same: no.
Of course, this question could just as easily be asked the other way, should the husband refrain from joining in his wife’s bankruptcy?  The question is based on the perception that the family [...]

Here’s a topic you’ll hardly ever see discussed anywhere: is a bankruptcy lawyer required by law to continue representing a client in a bankruptcy proceeding, even if the client won’t or can’t pay the lawyer any more fees?
You might be surprised to learn that in most federal court districts, the answer is yes, the lawyer [...]

You have filed chapter 7 bankruptcy, and everything was going smoothly, until you received a motion from the U.S. Trustee’s office under section 707(b).  The U.S. Trustee (UST) says your case is an “abuse” of chapter 7 and that you can afford to repay part of your debts in a chapter 13!  However, you know [...]

If you have recently inquired about filing bankruptcy, you might have suffered a shock when your lawyer told you what paperwork you would need to produce in order to file the case.  If so, read on for a pleasant surprise.
Different bankruptcy lawyers often communicate the same information to clients in different ways.  Sometimes, a bankruptcy [...]

Do you think you could owe twice as much as you thought on your car loan? It could be true, if your car loan is owed to a credit union, you owe a large credit card balance to the credit union, and if the dreaded “cross collateral clause” is lurking in the fine print of the car [...]