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I’m in Chapter 13 and Behind on Mortgage Payments Again–What Now? »

Many of my clients end up in bankruptcy because of a series of unfortunate events.  Sometimes those events continue after the case is filed, and their troubles continue.  When you file a Chapter 13 payment plan, you are generally required to keep making your regular mortgage payments, or resume making those payments if you have [...]

Verification of All Information Important in Bankruptcy »

Last week I was attending a meeting of creditors in a Chapter 13 case.  I tell my clients who are nervous at the thought of attending a meeting of creditors that no one is ever going to make a television show about bankruptcy court–it’s just boring.
Most of the time, the trustees ask the same series [...]

Cash For Clunkers: The Real Deal »

Lately you can’t turn on your TV or radio without hearing new car dealers ads for the federal government’s “cash for clunkers” program, officially re-named “Car Allowance Rebate System,” or CARS, an effort to stimulate new car sales while getting a few old gas guzzlers off the roads.  But don’t get scammed; there are some [...]

Who is the U.S. Trustee? »

The Office of the United States Trustee is an arm of the Department of Justice charged with certain duties in bankruptcy cases.  The role of the U.S. Trustee can differ from district to district, but principal responsibilities are to appoint and supervise case trustees, i.e., the trustees appointed in your Chapter 7 or Chapter 13 [...]

When Preparing for Bankruptcy, You Can’t Be Too Careful »

I was sitting in bankruptcy court this morning, waiting for my cases to be called, when something unusual caught my attention.  The trustee who was presiding made a very sarcastic remark.
Now, I have to tell you, for some trustees that wouldn’t seem unusual.  This particular trustee, however, is usually the soul of polite good humor.  [...]

"Gotcha Capitalism"–A Guide to Stamping Out Hidden Fees »

Gotcha Capitalism: How Hidden Fees Rip You Off Every Day and What You Can Do About It (way to go with the pithy title) came to my attention recently, and strikes me as a good investment for consumers.  If you eliminate $15 in fees the book will pay for itself, and you might even find [...]

To File Your Case, Your Lawyer Will Need All Info, All At One Time »

When you file your bankruptcy case, whether it is a Chapter 7, Chapter 13, or Chapter 11, you will have to put together a lot of financial information, and make it available to your attorney.  The more complicated your financial situation, the more information you will need to provide, but almost everyone finds that it [...]

How Flexible is Chapter 13 After You’ve Filed? »

A big advantage to a Chapter 13 is there is a great deal of flexibility even after your case is filed, should your financial situation change.  After all, a Chapter 13 plan typically runs three to five years (closer to five in my experience) and most people experience changes in any three to five year [...]

Chapter 11 for Individuals or Small Businesses »

Chapter 11 for large corporations has been much in the news lately, but Chapter 11 can be a valuable tool for individuals and small businesses, too.  For most individuals and small businesses, Chapter 7 and Chapter 13 are the first options considered, but Chapter 11 relief is not limited to large companies, or even to [...]

Student Loans In Bankruptcy–A Thorny Problem »

Student loans are not dischargeable in bankruptcy-almost everyone who has student loans knows that is the case.  So why consult a bankruptcy lawyer when you have student loans?  There are several reasons to check your particular situation with a bankruptcy lawyer.