I don’t know.  But, recently, I got a call from someone in Ohio (I’m in California) telling me that she had filed a “medical bankruptcy” but needed some help in California regarding property she owned here.
So, what is a “medical bankruptcy?”  Frankly, there’s no such thing in the law.  I suspect what she meant is [...]

Popularity: 18% [?]

My friend, Rachel Foley posted an excellent note on not representing yourself in bankruptcy.  I read this almost immediately after returning to my office from a Chapter 13 “Meeting of Creditors” – the hearing all debtors have to go through after filing. 
During the hour and a half, the trustee questioned about ten debtors as to [...]

Popularity: 6% [?]

         The tax stimulus law went into effect on February 13, 2008 when it was signed by President Bush.  The law gives a rebate to all taxpayers who file returns for 2007 and who made $3,000 or more.  It gives a rebate of $600 to the filer, $600 to the filer’s [...]

Popularity: 30% [?]

Recently, two different clients came in to see me about filing bankruptcy with similar problems: they had filed a bankruptcy within the last couple of years and therefore aren’t eligible to get a discharge in a new case filed now.
One of the things that BAPCPA, the law that went into effect in October 2005, did was [...]

Popularity: 27% [?]

The goal of most bankruptcies is to obtain a “discharge.”  But what is that?  In broad terms, a discharge is relief from your obligation to pay that debt.  The debt goes away, and you need no longer worry about it. 
Thus, in a typical chapter 7 bankruptcy, when you are done, you will have discharged all [...]

Popularity: 26% [?]

Tell me about all of their property.  Not just the things they want to keep, or the things they owe money on, but all of their property.
The bankruptcy petition requires you to list all of your assets and all of your debts.  That includes the house, the car, the boat and even the old, broken [...]

Popularity: 15% [?]

As noted in my earlier note, there are three types of liens that can attach to your property.  After filing for bankruptcy and discharging a debt associated with the lien, you can remove the lien from the property under certain circumstances.  It depends on the type of lien and the value of the property. 
Consensual liens [...]

Popularity: 15% [?]

It’s frustrating.  You went through the process, complied with everything your lawyer and the bankruptcy trustee said to do, and there’s still a lien on your home.  The debt was discharged.  Even the credit report shows it was included in the bankruptcy.  But the lien is still there.
Well, there are three types on liens that [...]

Popularity: 19% [?]

One of the things left intact by BAPCPA, the 2005 bankruptcy act, is the ability to convert from one chapter of the bankruptcy code to another. Thus, even though you filed a chapter 7 bankruptcy, you can convert it to a chapter 13 if you need to do so.
There are a number of reasons [...]

Popularity: 23% [?]

Last year, my friend and colleague, Susanne Robicsek, wrote a great comment on the different types of bankruptcies. Susanne covered all the types of bankruptcies, but what I want to do is outline the basic pros and cons between a Chapter 7 and a Chapter 13.
First of all, a chapter 7 is the basic, so-called [...]

Popularity: 26% [?]