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 [...]

Popularity: 12% [?]

The 9th Circuit Bankruptcy Appellate Panel recently held that a Chapter 13 debtor engaged in business can not deduct necessary business expenses from gross receipts in determining current monthly income.  In re Wiegand, decided April 3, 2008, all but guarantees that small business chapter 13 debtors will be required to spend five years in a [...]

Popularity: 19% [?]

That is the guess of  a Washington Think tank based on the Case-Shiller home price index, as reported in today’s Los Angeles Times.
Supposedly, this will complete the deflation of the housing bubble started by Mr. Greenspan.
This will put more homes underwater, worth less than the amount of the mortgages borrowed against the house.
This writer has [...]

Popularity: 21% [?]

Maybe. It depends. Do you owe the IRS any prior monies? Can you claim the monies due to you as exempt?

Popularity: 36% [?]

Popularity: 36% [?]

Recently, the Bankruptcy Appellate Panel ruled that ride-through no longer existed in light of the recent changes to the Bankruptcy Code under BAPCPA. Nevertheless, they entirely ignored my 11 USC 365(e) argument and it’s presently before the Ninth Circuit Court of Appeals.
Popularity: 33% [?]

Popularity: 33% [?]

There was a lot of hoopla about the reasoning behind the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. When it was first enacted, some thought that bankruptcy was going to be nearly impossible for consumers. And, at first, bankruptcy filings were slow as noted by my colleague and fellow blogger, Peter [...]

Popularity: 32% [?]

Decisions nationwide are all across the board on whether one should use the IRS-allowed expenses or actual expenses in calculating the Means Test.  A recent decision in Massachusetts made one ruling, on one test, in one set of circumstances, and expressly excluded application to other situations. 
In a Chapter 13 case, a debtor meets Chapter 13’s [...]

Popularity: 13% [?]

In my last blog, I touched on how Bankruptcy was a “snapshot” in time wherein all information on the bankruptcy petition must be accurate as of the date your bankruptcy petition is actually filed. In this blog, the ramifications of filing a month later is explored. We take the example of filing in April 08 [...]

Popularity: 48% [?]

April 1, 2008, is the last day for citizen comment on an important regulation! The date may be full of irony but this deadline is no joke. The US Trustee has submitted a proposed rule that includes specific requirements for the credit counseling “briefing” required of all individual debtors by 11 USC §109(h)(1). [...]

Popularity: 18% [?]

Aloha Airgroup, Inc, recently filed for Chapter 11 bankruptcy protection. Aloha Airgroup, Inc. is the parent corporation of Aloha Airlines, Inc. This is the company’s second bankruptcy in less than three (3) years.
You may be asking yourself, what do I have in common with Aloha Airlines? I will answer that soon, but [...]

Popularity: 45% [?]