The Bankruptcy Code (11 U.S.C. Section 727(12(e)) permits an interested party to seek revocation of a debtor’s discharge if it can be shown that the debtor obtained the discharge by fraud and that fraud was not known to the requesting party until after the discharge was granted. It is not sufficient to show that [...]

Popularity: 27% [?]

Most, if not all, of my clients tell me they don’t ever want another credit card. I just laugh and tell them they will want one in a few months because that is what society has taught us. Besides you need one to rent a car, make hotel reservations, and the like. [...]

Popularity: 15% [?]

A Statement of Intention is required to be filed in Chapter 7 cases. It is not required in Chapter 13 cases. The Statement of Intention is a form completed by the debtor that advises the court, the Trustee, and your creditors what you intend to do with your secured collateral such as your [...]

Popularity: 14% [?]

Absolutely NO!!!! I recently had a client ask me if he could come in and sign blank forms as he didn’t have the time to come in to review his schedules before I filed them with the court. I told him in no uncertain terms that I would not allow him to sign [...]

Popularity: 11% [?]

Sometimes a person needs to file bankruptcy right away to stop a foreclosure, repossession, eviction, execution sale, tax levy, or utility shut-off. The Bankruptcy Rules allow the debtor to initiate a bankruptcy case by filing only the three page petition. A list of creditors (Schedules D,E, and F) should also be filed - even [...]

Popularity: 10% [?]

The 2005 amendments to the Bankruptcy Code added 28 U.S.C. Section 1930(f)(1) which provides for the waiver of Chapter 7 filing fees. This provision is implemented through Bankruptcy Rule 1006(c). However, a debtor’s application requesting a fee waiver must be filed along with the voluntary bankruptcy petition. The debtor’s income must [...]

Popularity: 18% [?]

After filing a second Chapter 13 bankruptcy for my client, the Trustee asked for the Debtor’s bank statements to cover the sixty days prior to filing her new case. All I could think of while reviewing her bank print-out was “WHAT WAS SHE THINKING!”
Most of the transactions on the printout were done on a [...]

Popularity: 8% [?]

While listening to closing arguments this week in a case pending before Houston Bankruptcy Judge Jeff Bohm, I was amazed to hear that attorneys for Countrywide allegedly had filed false documents with the Court claiming they charged $350.00 for their services when, in reality, they had charged $450.00!
If you liked that post, then try these…Why [...]

Popularity: 24% [?]

The Bankruptcy Court in the Eastern District of Texas, Sherman Division, recently found that a Debtor who sold his home through a wrap around note and who did not pay the mortgage company the money the debtor was receiving from the buyer could not discharge the debt owed to the buyer.
If you liked that post, [...]

Popularity: 11% [?]

The Internal Revenue Service announced today that interest rates for the calendar quarter beginning January 1, 2008, will drop by one percentage point. The rate of interest is determined on a quarterly basis.
For individuals, the overpayment and underpayment rate is the federal short-term rate plus 3 percentage points. The new rate for [...]

Popularity: 12% [?]