Category: Bankruptcy Practice and Procedure
By Brett Weiss, Maryland Bankruptcy Attorney on May 13, 2008 in Bankruptcy Practice and Procedure, Chapter 11 Bankruptcy, Chapter 12 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, General Bankruptcy Information, Lawyer to Lawyer, Maryland, U.S. Trustee Audits | 0 Comments
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% [?]
By Andy Miofsky, Illinois Bankruptcy Attorney on May 11, 2008 in Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy, Illinois | 1 Comment
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% [?]
By Michael Doan on May 11, 2008 in Bankruptcy Practice and Procedure, Discharge Violations, Lawyer to Lawyer | 0 Comments
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% [?]
By Michael Doan on May 11, 2008 in Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Choosing Bankruptcy Attorney, General Bankruptcy Information, Role Of The Lawyer | 1 Comment
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% [?]
By Craig Andresen, Attorney at Law on May 11, 2008 in Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Discharge, What Can and Cannot Be Forgiven, General Bankruptcy Information | 0 Comments
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% [?]
By Peter Orville, Attorney at Law on May 9, 2008 in Automatic Stay, Bankruptcy Cases of Interest, Bankruptcy Legislation, Bankruptcy Practice and Procedure, Chapter 7 Bankruptcy, Decisions of Interest, Featured, General Bankruptcy Information, Role Of The Lawyer | 0 Comments
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% [?]
By Jill Michaux, Kansas Bankruptcy Attorney on May 9, 2008 in Bankruptcy Practice and Procedure, General Bankruptcy Information, Kansas, U.S. Trustee Audits | 0 Comments
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% [?]
By Craig Andresen, Attorney at Law on May 8, 2008 in Bankruptcy Cases of Interest, Bankruptcy Practice and Procedure, Featured, Means Testing | 0 Comments
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% [?]
By Michael Doan on May 4, 2008 in Bankruptcy Myths, Bankruptcy Practice and Procedure, Benefits of Bankruptcy, Chapter 11 Bankruptcy, Chapter 12 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Credit Cards, General Bankruptcy Information, Life After Bankruptcy, Reaffirmation of Debts | 1 Comment
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% [?]
By Michael Doan on May 4, 2008 in Bankruptcy Myths, Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Consumer Protection, General Bankruptcy Information, Life After Bankruptcy, Role Of The Lawyer, Venue and Qualifications | 1 Comment
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% [?]