Russell A. DeMott, Charleston Bankruptcy Lawyer

Bankruptcy Petition Preparers: A Really Bad Idea

by Russell A. DeMott, Charleston Bankruptcy Lawyer

  Bankruptcy Petition Preparers.  Should you hire one? Let’s face it.  Folks with financial problems aren’t exactly flush with cash. So it’s tempting to cut corners in purchasing legal advice and to opt for the services of a bankruptcy petition preparer. But as with most things, you get what you pay for. Preparers really can’t–at [...]

Chapter 7 Trustees are Wolverines

by Russell A. DeMott, Charleston Bankruptcy Lawyer

Explaining the differences between Chapter 7 and Chapter 13 bankruptcy can be difficult.  There are the obvious ones: Chapter 7 doesn’t involve payments to creditors, and Chapter 13 does.  And you can cure your mortgage arrears in Chapter 13 but not in Chapter 7. And there are many others. But what about the differences in [...]

Advice for Creditors on Reaffirmation Agreements

by Russell A. DeMott, Charleston Bankruptcy Lawyer

Yes, you read it right.  This is about giving creditors advice about reaffirmation agreements.  It just might be a first here at Bankruptcy Law Network.  But it’s occurred to me that creditors deserve some help from time to time.  So why not? The reaffirmation provisions are hopelessly flawed Before 2005 reaffirmation was simple.  The debtor [...]

So You’re Not Sure You Want to File Bankruptcy?

by Russell A. DeMott, Charleston Bankruptcy Lawyer

You have financial problems and you’re not sure you want to file bankruptcy.  The first thing you need to know is this: That’s okay! Why should you know for sure that you need to file bankruptcy?  If you haven’t met with a bankruptcy lawyer, how would you possibly understand what bankruptcy has to offer? Feeling [...]

Canadian Bankruptcy (Part One)

by Russell A. DeMott, Charleston Bankruptcy Lawyer

Today, we’ll explore something new here on Bankruptcy Law Network: bankruptcy in Canada. Anyone working in consumer bankruptcy these days knows our Bankruptcy Code is in a less-than-ideal condition.  U.S. bankruptcy law was “reformed” in 2005 with the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act (“BAPCPA”).  Our neighbors to the north also [...]

God and Bankruptcy

by Russell A. DeMott, Charleston Bankruptcy Lawyer

Bankruptcy is in the Bible.  In fact, there are plenty of blog posts here on Bankruptcy Law Network about what the Bible says about debt.  Kurt O’Keefe’s “Is Filing Bankruptcy a Sin?” is just one of many posts.  Most of these posts discuss the Bible and the morality of bankruptcy or apply particular Biblical principles [...]