The point of filing a bankruptcy case is to get a discharge of your debts.  The deal is simple.  An honest debtor gets a fresh start.  The price of the bargain?  You have to let the trustee have all of your “non-exempt” assets. That means you have to tell the trustee about everything you have.
If [...]

Planning for bankruptcy can be similar to planning to file your income tax returns.  You have to be accurate.  You have to be honest.  But you do have the right to engage in some planning before you file.   You do have the right to do things legally to leave yourself in the best position [...]

Under the Bankruptcy Code, we calculate your “current monthly income” to see if you qualify for a chapter 7 case. Those with “current monthly income” more than the median income are presumed to be abusing the bankruptcy system if they file a chapter 7.  They can “overcome” this presumption in some cases through the complex [...]

Most people want to file their bankruptcy case right away.  That’s not always the best idea.  Why?  There can be many reasons
Means Testing
The means test looks at your average income during the past six months.  If you received a bonus or an unusual item of income during the past six months, it might pay you [...]

Avoid conflicts of interest when hiring your bankruptcy attorney.

You  have to pass the means test if your debts are “primarily” consumer debts.  This isn’t quite as easy as it sounds. Why?  The word “primarily” is not defined in the Bankruptcy Code.
So how do we figure this out?
Well, first what’s a “consumer debt”?  That’s not so hard – “consumer debts” are defined in the [...]

People file pro se bankruptcy cases all the time.  Corporations and limited liability companies sometimes try to do this.  Bad idea.  Very bad idea.  People can file pro se bankruptcy cases because they are flesh and blood people.  On the other hand, corporations and limited liability companies are considered “persons” only to the extent that [...]

Clients often worry that their boss might fire them if they file a bankruptcy case.  But the Bankruptcy Code explicitly prohibits any employer from discriminating against a person in their employment because of their having filed for bankruptcy relief.  Section 525 of the Bankruptcy Code is written in two parts.  The first part explains that [...]

When Congress changed the bankruptcy law in 2005, cases spiked.  People feared, and rightly so, that bankruptcy cases would get harder to file.
Guess what?  Bankruptcy cases are spiking again.  According the the American Bankruptcy Institute, consumer bankruptcy cases for 2009 will be at the highest level at any time since the 2005 peak.
There were roughly [...]

It’s been over 100 years since the Cubs won the World Series.  And now, we hear they may be going bankrupt!  Why?
The parent company, Tribune Corporation, like many other newspapers all over the United States, is in bankruptcy.  Owner Sam Zell acquired Tribune Corporation a few years ago in a very expensive deal and took [...]