As explained by Professor Daniel Austin of the Northeastern University School of Law in Boston, Mass. in the December/January 2011 American Bankruptcy Institute Journal, the U. S. Constitution in Article 1, the Bankruptcy Clause, authorized Congress to establish uniform laws regarding bankruptcy throughout the United States. However, as Prof. Austin acknowledges, the reality is far from [...]
Karen Oakes, Southern Oregon Bankruptcy Attorney
This past week, I had a consultation with a frantic debtor who really did not want to file bankruptcy. She was facing a garnishment of her wages and did not understand the garnishment. Back in 2003, a debt collector had sued her and obtained a judgment for approximately $1100.00. No payments were made from 2003 [...]
In earlier posts, two bankruptcies filed by debtors appearing in Bravo Television reality shows were discussed. Terese Giudice who appears on Real Housewives of New Jersey and Sonja Morgan who appears on Real Housewives of New York City each filed banruptcy. Ms. Giudice filed a chapter 7 bankruptcy (consumer bankruptcy); Ms. Morgan filed a Chapter [...]
Identity theft. Folks worry about it all the time. Most times, folks worry about credit card numbers being stolen, accounts “hacked”, accounts opened under your name without permission. There are procedures that can be followed when a person discovers their identity has been stolen. The Federal Trade Commission and Better Business Bureau register complaints about identity thieves. [...]
How much will it cost me should not be the first question asked when a debtor calls a bankruptcy attorney. Costs can vary by state and by the difficulty of a bankruptcy case. Attorney fees are a necessary expense in bankruptcy, along with the filing fee, credit counseling class.
Recently, one of my chapter 13 clients called my office to tell us he was moving to the opposite end of the state. My client (still in the preparation stages of filing) wanted me to continue to be his bankruptcy attorney. He was angry that I would not agree to continue to represent him and that our contract had been terminated. [...]
