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US Trustee to Resume Debtor Audits »

According to the Office of the United States Trustee, audits, which were suspended in January 2008, will resume on May 12, 2008.
The announcement states:
5/9/2008
As mandated in Section 603(a) of Public Law 109-8, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, the United States Trustee Program (USTP) established procedures to audit petitions, schedules, and [...]

Popularity: 8% [?]

Rising prices give rise to chapter 13 plan modifications »

What do rising gas and food prices have in common? They both eat up a substantial part of your monthly budget. And if you filed chapter 13 within the past few years, you submitted a plan of monthly payments based on a budget before gas and some food prices doubled. It may [...]

Popularity: 9% [?]

Bankruptcy Discharge and Arbitration: »

So you got a discharge, none of your assets were taken, and now you want to pursue a previous creditor for collection violations which occurred prior to filing. Maybe there was an FDCPA or other state UDAP claim. Can you do it? Yes, as long as you listed those claims on your schedules [...]

Popularity: 7% [?]

What To Expect At Your First Bankruptcy Appointment »

For most people, the decision to consult a bankruptcy attorney seems to be the most difficult part of the bankruptcy filing process. But talk to anyone 6 months after filing and they will usually tell you that that decision to file was one of the best decisions they made in their life.
If you liked [...]

Popularity: 11% [?]

Chapter 13 Still Discharges More Debts Than Chapter 7 »

While bankruptcy professionals groaned in dismay when Congress reduced the effectiveness of the chapter 13 “super discharge” with the 2005 Bankruptcy Reform Act, it is worthwhile to remember that chapter 13 will still discharge more debts than chapter 7.  In fact, the chapter 13 discharge is still an effective solution for several types of debts which cannot be discharged [...]

Popularity: 12% [?]

Do I Really Have to File a Credit Counseling Certificate When I File Bankruptcy?… And What Happens if I Don’t? »

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% [?]

Debtor Audits Start Again Monday »

The Executive Office of the U.S. Trustee announced today that it will resume auditing debtors in consumer bankruptcy cases starting May 12, 2008. One in 1000 consumer bankruptcy cases in each judicial district will be chosen for random audit, according to the program’s website.
The debtor audits were temporarily halted by the U.S. Trustee program [...]

Popularity: 8% [?]

In re Draisey: 707(b) Motions Governed By Thirty Day Deadline, Minnesota Bankruptcy Court Says »

Yet another bankruptcy court has issued a ruling recognizing what should have been obvious all along: the U.S. Trustee must file its “ten day statement” regarding supposed abuse of chapter 7 as a prerequisite to any 707(b) motion, whether the motion is based upon the means test (707(b)(2)) or the “totality of the circumstances” (707(b)(3)).  [...]

Popularity: 8% [?]

Keeping Some Credit Cards Through Bankruptcy »

When you file for Bankruptcy, what do you do if you want to keep some credit cards?  Hide them from your attorney?  NO!  Such “Bankruptcy Fraud” is not worth 5 years in jail and/or 1/2 million dollar fine!  Instead, it depends.  
If you liked that post, then try these…When Do I Know Its Right To [...]

Popularity: 29% [?]

When Can I File Bankruptcy Again? »

There is no limit on the number of bankruptcy cases that one may file. In fact, there is no limit in between time frames to file bankruptcy. Nevertheless, if sufficient time between filings does not take place, you may be not be eligible for “discharge.”
If you liked that post, then try these…The 2005 [...]

Popularity: 23% [?]