Click Here To Receive FREE Email Updates!

Author Archive

Discharge or Dismissal: What’s the Difference »

Discharge in bankruptcy is good. Dismissal is generally bad.  Discharge is  what  most debtors seek when filing their bankruptcy.  Dismissal is what a debtor is  generally trying to avoid.
The discharge is the injunction granted by the bankruptcy court that keeps the creditors from enforcing their rights to collect personally on the debt.  More commonly, [...]

National Association of Consumer Bankruptcy Attorneys Convention Tuscon »

All my bags are packed.  I’m ready to go.  Got my code in hand and I’m leavin on a jet plane.  Don’t know when I’m coming back.
Tomorrow I leave for Tuscon and the start of another National Association of Consumer Bankruptcy Attorneys Convention.  You can always tell the NACBA Lawyer when they are heading to [...]

My Chapter 13 Bankruptcy Got Dismissed, What Do I DO? »

If you have received a dismissal in your Chapter13 you should immediately be in touch with your bankruptcy lawyer to go over your options.
The dismissal mean you have not completed your Chapter 13 and the court has dismissed your case. You are almost back in the same situation as you were before you filed bankruptcy. [...]

What Is This Notice I Just Got From The Bankruptcy Court »

You just filed a bankruptcy.  You thought everything was under control.  Now you got a letter from the bankruptcy court.  Inside that letter is a notice from the court.  This notice contains all sorts of important things and you should read it.
What is in the notice? If you file a Chapter 7 Bankruptcy the notice [...]

When Should I See a Bankruptcy Attorney »

One day this week, I got so angry at my potential clients.  I did not express this anger out loud, but I did  want to reach across my desk and say  YOU SHOULD HAVE COME HERE WEEKS OR MONTHS AGO.  Three new clients, and all three of them, would have had much better options had [...]

Steps I Need To Take To File Bankruptcy »

I am often asked what to I need to do to file a bankruptcy.  My reply is you have taken the first step. You have contacted a bankruptcy lawyer seeking information.  Only with this information can you determine if you can file bankruptcy and if bankruptcy is the right thing for you to do.  I [...]

Computers, Rings, TV, Furniture Reaffirmations Part Four »

Cars and reaffirmations were strange enough but with Household Goods things just get a little bit weirder.
Reaffirmation is  the process in a Chapter 7 bankruptcy in which the debtor wishes to keep an item that secures a loan.  The debtor agrees to continue to pay for the item and the creditor lets them keep it.
In [...]

Reaffirmations Part Three Cars, Trucks, Things With Wheels »

Reaffirmation is the process in a chapter 7 where the debtor agrees to re obligates themselves on a debt and the lender lets them  keep the collateral.  The debtor makes the payments and keeps the car etc.
Reaffirmations of cars and things with wheels are treated very differently through the country even through out certain states. [...]

Surrendered Real Estate Deductible in the Means Test in Ohio »

JUDGE LARRY WALTERS  becomes the latest Ohio bankruptcy judge to agree that as long as you are contractually due on house you can deduct the monthly payments from the MEANS TEST even if you are surrendering the house. IN RE JANICE PHILLIPS
This is important as the more Judges sign on to this concept [...]

Reaffirmations in Bankruptcy – Part TWO »

Reaffirmation is the process used by an individual who has filed bankruptcy to keep their secured assets and continue to pay the secured debt.
Mortgage debt is a complicated area involving reaffirmation.  it is important to review this in your state as property and foreclosure law varies from state to state. Here in Ohio it works [...]