It should be no surprise to anyone that in the midst of skyrocketing food, gasoline, and heating costs, more and more people are falling behind on their utility payments. Yesterday, the Gannett News Service reported that electric and natural gas shutoffs are up at least 15 percent in many states compared to last year.
In [...]

Once a court has held that a creditor has willfully violated the automatic stay, it turns to the issue of damages. Certainly verifiable out-of-pocket expenses suffered by the debtor are fully recoverable. So are the attorney fees incurred for having to bring the motion or adversary proceeding.
But are “emotional” damages recoverable by the [...]

In this article, I will discuss the final duties imposed on creditors when they have been notified that a bankruptcy case has been filed.
7. Duty to stop collection efforts. Creditors obviously have a duty to stop all collection efforts when they receive official notice from the bankruptcy court that a bankruptcy petition has been [...]

As I previously discussed, there are several duties imposed on creditors when they have been notified that a bankruptcy case has been filed, especially if they have taken any collection actions after the filing. More of these duties include:
4. Duty to stop income execution and return funds. A creditor has an affirmative [...]

Once a creditor has been informed that a bankruptcy has been filed, and if they have taken any steps since the filing, they have several duties. Failure to perform one or more of these duties can lead to an award of damages and legal fees. Some of these duties include:
1) A duty to [...]

When debtors attorneys file motions against creditors who violate the automatic stay, creditors often try to argue that they did not intend to violate the stay. If that is their only argument…they lose.
Last October, Nicholas Ortiz wrote on these pages about what is required to show that a creditor violated the automatic stay. [...]

If you continue to get bills and phone calls from creditors AFTER you filed your bankruptcy petition, be sure to bring it to the attention of your bankruptcy lawyer.
I always tell my bankruptcy clients that the bills will stop coming and the phone will stop ringing with collection calls shortly after they file their bankruptcy [...]

There is a new class of Chapter 13 debtors brought on by the approaching recession, according to Robin Weiner, President of the National Association of Chapter Thirteen Trustees (NACTT). These debtors earn over $100,000 per year but cannot keep up with their fixed expenses. They are builders, real estate agents, mortgage brokers and [...]

The American Dream is in fact slipping away for many middle class families according to the President of the National Association of Chapter Thirteen Trustees (NACTT), Robin Weiner. Hard work, she says, no longer guarantees the ability to purchase a home. “The price of health care and education is spiraling out of control. [...]

A few months ago, Jonathan Ginsberg posted an article on these pages about what happens if you fail to complete a financial management course.
As Jonathan pointed out, if a bankruptcy case is filed without the certificate that you completed the financial management course, and the case is closed without a discharge, most judges will [...]