Thinking Of Filing Bankruptcy? Don’t Give Anything Away.
“I’ll just give my car to my niece.”  I can’t tell you how many times I’ve heard that or something similar from a client about to file bankruptcy.
Sometimes the client has the best of intentions: “she’s about to graduate college and I always promised her a car for [...]

So what happens to your security clearance if you file for bankruptcy protection?  Is it revoked? Will you be terminated from your job?  Will you be demoted?  Does your salary decrease?
While there are bankruptcy code provisions that regulate the public and private sector over discriminations in employment when one files for bankruptcy protection, most employers [...]

Any reader of the Massachusetts Homestead Act must conclude that it only protects homes from contracts incurred after the declaration is recorded. This is not true in the bankruptcy context.
This reading was first confirmed by the Van Rye Massachusetts bankruptcy court decision in 1995. A different bankruptcy judge then ruled otherwise in the 1996 Boucher [...]

Refinancing can be a fraudulent transfer in bankruptcy

A Chapter 13 is a bankruptcy reorganization for individuals–a payment plan, in other words.  The bankruptcy court appoints a trustee (there are standing trustees who serve that function in each district) and the trustee collects payments from debtors, and distributes that money to creditors. So, how does the Chapter 13 trustee get paid?
The Chapter 13 [...]

Be sure to tell the truth, the whole truth and nothing but, when it comes to advising your attorney about your financial picture.
When meeting or speaking with your attorney you will often be asked a number of questions. Each question asked by your attorney, is being asked because it is relevant to your bankruptcy case, [...]

There really are few reasons which are good enough to justify rescheduling a bankruptcy meeting of creditors (or section 341(a) meeting).  After all, the bankruptcy filing amounts to “making a federal case out of things,” and it just doesn’t seem right for the debtor to fail to make room in his or her schedule to [...]

Oregon residents will be affected by the new means test/median income numbers announced by the United States Trustee Program Department of Justice. The numbers are adjusted periodically by the U.S. Trustee Program and generally have a negative impact on those wishing to file a Chapter 7 bankruptcy.

On October 1, 2009, the Ninth Circuit Court of Appeals issued its decision in Sternberg v. Johnston, No. 07-16870 wherein it affirmed a stay violation under 11 USC 362, yet held that attorney fees were only recoverable related to enforcing the automatic stay and remedying the stay violation, and not in the litigation of damages.  In [...]

attorney client privilege in bankruptcy applies