Category: Bankruptcy Practice and Procedure
By L. Jed Berliner, Western & Central Massachusetts Bankruptcy Attorney
closeAuthor: L. Jed Berliner, Western & Central Massachusetts Bankruptcy Attorney
Name: L. Jed Berliner, Western & Central Massachusetts Bankruptcy Attorney
Email: jed@berlinerlaw.com
Site: http://www.berlinerlaw.com
About: Attorney L. Jed Berliner has concentrated his law practice in bankruptcy, commercial litigation, creditors' rights and debtor's remedies since 1982, having generally practiced since 1976. He opened the Berliner Law Firm of Springfield, Massachusetts in 1988 and now practices exclusively in consumer bankruptcy and related consumer protection litigation.
Attorney Berliner received his Bachelor of Arts Degree from Cornell University in 1972, and his Juris Doctor degree from the University of Kansas in 1977. He practiced general law in northern Michigan, established a bankruptcy concentration in Boston, MA in 1982, and established his Springfield, MA practice in 1988.
Attorney Berliner is a regular and active contributor to the Bankruptcy Law Network, the Bankruptcy Roundtable, and the National Association of Consumer Bankruptcy Attorneys, three specialized consumer bankruptcy forums on the Internet, and is an informal mentor to regional practitioners. He contributed to the local rules on electronic filing rules and is recognized by his peers as an expert in consumer bankruptcy issues. He thoroughly enjoys being rated "excellent" in his client surveys.See Authors Posts (151) on Oct 31, 2009 in Bankruptcy Practice and Procedure, Marriage and Debt, Your Bankruptcy Attorney & You | 0 Comments
Refinancing can be a fraudulent transfer in bankruptcy
By Däna Wilkinson, Attorney at Law
closeAuthor: Däna Wilkinson, Attorney at Law
Name: Däna Wilkinson, Attorney at Law
Email: danawilkinson@danawilkinsonlaw.com
Site: http://www.danawilkinsonlaw.com
About: My name is Däna (pronounced “Donna”) Wilkinson, and I’ve been a bankruptcy lawyer for 20 years. I went to law school at the University of South Carolina, worked for two bankruptcy judges, and practiced for a number of years with bankruptcy boutique firms. In fact, I’ve never practiced any other kind of law.
I’m certified as a bankruptcy specialist by the South Carolina Supreme Court, which means that I’ve taken and passed a proficiency examination on bankruptcy law, devoted my practice primarily to bankruptcy for a number of years, and have continued to take classes on bankruptcy law and related issues.
In 1998 I opened my own practice, focused on representing ordinary people who find themselves overwhelmed by debt. I enjoy the work, and I like the freedom of being my own boss. One benefit is that I can focus on the needs of my clients, and craft an approach that is based on what is important to them. I don’t have a “one size fits all” mentality about what is best for my clients. My goal is to advise my clients of the options they have to deal with their financial difficulties, and whenever possible help them make a fresh start.See Authors Posts (143) on Oct 29, 2009 in Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy, Your Bankruptcy Attorney & You | 0 Comments
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 [...]
By Jeffrey Freedman, Buffalo Bankruptcy Lawyer
closeAuthor: Jeffrey Freedman, Buffalo Bankruptcy Lawyer
Name: Jeffrey Freedman, Buffalo Bankruptcy Lawyer
Email: jeffrey@jeffreyfreedman.com
Site: http://www.jeffreyfreedman.com
About: See Authors Posts (8) on Oct 29, 2009 in Bankruptcy Practice and Procedure, Benefits of Bankruptcy, General Bankruptcy Information | 0 Comments
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, [...]
By Craig Andresen, Attorney at Law
closeAuthor: Craig Andresen, Attorney at Law
Name: Craig Andresen, Attorney at Law
Email: craig@cwalaw.com
Site: http://www.cwalaw.com
About: Helping consumers in every county in Minnesota since 1987. Call (952) 831-1995, or visit my website, to set up an initial consultation and learn how I can help you. Mention Bankruptcy Law Network when you call.See Authors Posts (137) on Oct 29, 2009 in Bankruptcy Practice and Procedure, General Bankruptcy Information, Your Bankruptcy Attorney & You | 0 Comments
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 [...]
By Karen Oakes, Southern Oregon Bankruptcy Attorney
closeAuthor: Karen Oakes, Southern Oregon Bankruptcy Attorney
Name: Karen Oakes, Southern Oregon Bankruptcy Attorney
Email: oakeslaw@gmail.com
Site: http://www.oakeslawoffice.com
About: Helping consumers in the following counties of Oregon: Klamath; Lake; Jackson; Josephine; Curry; Deschutes; and others. Call 541-273-1650 or visit my website to set up an initial consultation and to learn how I can help you. Mention Bankruptcy Law Network when you call.See Authors Posts (157) on Oct 26, 2009 in Bankruptcy Practice and Procedure, Means Testing | 0 Comments
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.
By Michael G. Doan, San Diego Bankruptcy Attorney
closeAuthor: Michael G. Doan, San Diego Bankruptcy Attorney
Name: Michael Doan
Email: mike@doanlaw.com
Site: http://www.doanlaw.com
About: Helping consumers in the following counties of California: San Diego, Imperial, Orange, Riverside, San Bernardino, Los Angeles, and Ventura. Call (800) 380-DOAN or visit my website at doanlaw.com to set up an initial consultation and to learn how I can help you. Mention Bankruptcy Law Network when you call.
San Diego Bankruptcy Attorney Michael G. Doan graduated from the University of San Diego with a Bachelor of Accountancy, earning departmental honors. He then entered California Western School of Law, earning his Jurist Doctorate.
Michael is admitted to the State Bar of California, the American Bar Association, as well as the San Diego County Bar Association and the North County Bar Association.
Other professional affiliations include:
National Bankruptcy Institute
Association of Trial Lawyers of America
Consumer Attorneys of San Diego
National Association of Consumer Bankruptcy Attorneys
American Bankruptcy Institute
North County Attorney Referral Service
and The San Diego County Attorney Referral Service
Michael is admitted to practice law in the Supreme Court of California, all Federal Courts of Appeals for the Ninth Circuit, and all Federal District Courts in the Southern and Central Districts of California.
He is a skilled Bankruptcy attorney with twelve years experience practicing in the fields of real estate, bankruptcy, personal injury, estate planning, contracts, worker's compensation, and tax and debt negotiation.
He is also a licensed Mortgage Broker and Realtor with membership in the San Diego Association of Realtors and President of a full-service real estate company, First Platinum Properties.
Currently, Michael is concentrating his practice solely in Bankruptcy Law and is a Board Certified Specialist in Consumer Bankruptcy Law by the American Board of Certification, one of only eight such attorneys in all of California.
To date, he has filed over 5,000 consumer bankruptcy cases. He has also has been published in both the Ninth Circuit Court of Appeals and the Ninth Circuit Bankruptcy Appellate Panel.
Mr. Doan also practices bankruptcy on the cutting edge, being the first attorney in the Southern District of California to file the first Chapter 7 Bankruptcy and Chapter 13 Bankruptcy under the new Bankruptcy Laws.
Michael G. Doan has successfully completed The American Board of Certification requirements for national certification in consumer bankruptcy law.
To become certified, Southern California Bankruptcy Attorney Micheal G. Doan satisfied the following requirements:
Full time practice of law for at least five years
Documented involvement in consumer bankruptcy by providing information on cases practiced
Demonstrated commitment to continuing legal education by earning at least 60 hours of bankruptcy education in the past three years
Passed an extensive, day-long written examination covering consumer bankruptcy issues
The American Board of Certification is a non-profit organization dedicated to serving the public and improving the quality of the bankruptcy bar. The rigorous certification standards are designed to encourage bankruptcy practitioners to strive toward excellence and to recognize those attorneys who are experts in the bankruptcy field. The certification program is accredited by the American Bar Association.
The American Board of Certification is co-sponsored by the American Bankruptcy Institute and the Commercial Law League of America. The ABC Board of Directors consists of many of the nation's finest bankruptcy and creditors' rights lawyers, former judges, and law professors.
mike@doanlaw.com
2850 Pio Pico Drive, Suite D
Carlsbad, CA 92008
phone: 760.450.3333
fax: 760.720.6082
(800) 380-DOAN
www.doanlaw.comSee Authors Posts (123) on Oct 26, 2009 in Automatic Stay In Bankruptcy, Bankruptcy Cases & Legislation, Bankruptcy Practice and Procedure, Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, General Bankruptcy Information | 0 Comments
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 [...]
By L. Jed Berliner, Western & Central Massachusetts Bankruptcy AttorneycloseAuthor: L. Jed Berliner, Western & Central Massachusetts Bankruptcy Attorney
Name: L. Jed Berliner, Western & Central Massachusetts Bankruptcy Attorney
Email: jed@berlinerlaw.com
Site: http://www.berlinerlaw.com
About: Attorney L. Jed Berliner has concentrated his law practice in bankruptcy, commercial litigation, creditors' rights and debtor's remedies since 1982, having generally practiced since 1976. He opened the Berliner Law Firm of Springfield, Massachusetts in 1988 and now practices exclusively in consumer bankruptcy and related consumer protection litigation.
Attorney Berliner received his Bachelor of Arts Degree from Cornell University in 1972, and his Juris Doctor degree from the University of Kansas in 1977. He practiced general law in northern Michigan, established a bankruptcy concentration in Boston, MA in 1982, and established his Springfield, MA practice in 1988.
Attorney Berliner is a regular and active contributor to the Bankruptcy Law Network, the Bankruptcy Roundtable, and the National Association of Consumer Bankruptcy Attorneys, three specialized consumer bankruptcy forums on the Internet, and is an informal mentor to regional practitioners. He contributed to the local rules on electronic filing rules and is recognized by his peers as an expert in consumer bankruptcy issues. He thoroughly enjoys being rated "excellent" in his client surveys.See Authors Posts (151) on Oct 25, 2009 in Bankruptcy Practice and Procedure, Your Bankruptcy Attorney & You | 0 Comments
attorney client privilege in bankruptcy applies
By Rachel Lynn Foley, Kansas City, MO, Bankruptcy Attorney
closeAuthor: Rachel Lynn Foley, Kansas City, MO, Bankruptcy Attorney
Name: Rachel Lynn Foley, Kansas City, MO, Bankruptcy Attorney
Email: kcbankruptcy@gmail.com
Site: http://www.kcbankruptcy.com
About: Former Bankruptcy Attorney to the Kansas City UAW: Ford and GM workers, now assisting the general public in Missouri and Kansas with regaining financial control using the Bankruptcy Code. 816-472-HELP (4357).See Authors Posts (132) on Oct 23, 2009 in Bankruptcy Practice and Procedure | 0 Comments
If you are sitting in jail wondering if you can file bankruptcy then your search is over. The answer is yes if you otherwise qualify for bankruptcy relief under the code. Just because you are sitting behind bars does not prevent you from accessing the Bankruptcy Court. Depending of where you are located will depend [...]
By Cathy Moran, California Bankruptcy Lawyer
closeAuthor: Cathy Moran, California Bankruptcy Lawyer
Name: Cathy Moran, California Bankruptcy Lawyer
Email: cathymoran@gmail.com
Site: http://www.moranlaw.net
About: I'm a certified specialist in bankruptcy law (California State Bar Board of Legal Specialization) practicing in the San Francisco Bay Area for over 25 years. My proudest professional accomplishment is authorship of Bankruptcy in Brief at www.moranlaw.net, perhaps the web's most comprehensive web site on bankruptcy basics.See Authors Posts (174) on Oct 23, 2009 in Bankruptcy Practice and Procedure, Exemptions In Bankruptcy | 1 Comment
The law that defines what you can keep despite filing bankruptcy is found in law books, you’d think. There are two alternate sets of California exemptions in the Code of Civil Procedure. The state law exemptions, for instance, permit the debtor to keep $2550 in equity in vehicles, while the California bankruptcy exemptions allow $3300.
But [...]
By Michael G. Doan, San Diego Bankruptcy AttorneycloseAuthor: Michael G. Doan, San Diego Bankruptcy Attorney
Name: Michael Doan
Email: mike@doanlaw.com
Site: http://www.doanlaw.com
About: Helping consumers in the following counties of California: San Diego, Imperial, Orange, Riverside, San Bernardino, Los Angeles, and Ventura. Call (800) 380-DOAN or visit my website at doanlaw.com to set up an initial consultation and to learn how I can help you. Mention Bankruptcy Law Network when you call.
San Diego Bankruptcy Attorney Michael G. Doan graduated from the University of San Diego with a Bachelor of Accountancy, earning departmental honors. He then entered California Western School of Law, earning his Jurist Doctorate.
Michael is admitted to the State Bar of California, the American Bar Association, as well as the San Diego County Bar Association and the North County Bar Association.
Other professional affiliations include:
National Bankruptcy Institute
Association of Trial Lawyers of America
Consumer Attorneys of San Diego
National Association of Consumer Bankruptcy Attorneys
American Bankruptcy Institute
North County Attorney Referral Service
and The San Diego County Attorney Referral Service
Michael is admitted to practice law in the Supreme Court of California, all Federal Courts of Appeals for the Ninth Circuit, and all Federal District Courts in the Southern and Central Districts of California.
He is a skilled Bankruptcy attorney with twelve years experience practicing in the fields of real estate, bankruptcy, personal injury, estate planning, contracts, worker's compensation, and tax and debt negotiation.
He is also a licensed Mortgage Broker and Realtor with membership in the San Diego Association of Realtors and President of a full-service real estate company, First Platinum Properties.
Currently, Michael is concentrating his practice solely in Bankruptcy Law and is a Board Certified Specialist in Consumer Bankruptcy Law by the American Board of Certification, one of only eight such attorneys in all of California.
To date, he has filed over 5,000 consumer bankruptcy cases. He has also has been published in both the Ninth Circuit Court of Appeals and the Ninth Circuit Bankruptcy Appellate Panel.
Mr. Doan also practices bankruptcy on the cutting edge, being the first attorney in the Southern District of California to file the first Chapter 7 Bankruptcy and Chapter 13 Bankruptcy under the new Bankruptcy Laws.
Michael G. Doan has successfully completed The American Board of Certification requirements for national certification in consumer bankruptcy law.
To become certified, Southern California Bankruptcy Attorney Micheal G. Doan satisfied the following requirements:
Full time practice of law for at least five years
Documented involvement in consumer bankruptcy by providing information on cases practiced
Demonstrated commitment to continuing legal education by earning at least 60 hours of bankruptcy education in the past three years
Passed an extensive, day-long written examination covering consumer bankruptcy issues
The American Board of Certification is a non-profit organization dedicated to serving the public and improving the quality of the bankruptcy bar. The rigorous certification standards are designed to encourage bankruptcy practitioners to strive toward excellence and to recognize those attorneys who are experts in the bankruptcy field. The certification program is accredited by the American Bar Association.
The American Board of Certification is co-sponsored by the American Bankruptcy Institute and the Commercial Law League of America. The ABC Board of Directors consists of many of the nation's finest bankruptcy and creditors' rights lawyers, former judges, and law professors.
mike@doanlaw.com
2850 Pio Pico Drive, Suite D
Carlsbad, CA 92008
phone: 760.450.3333
fax: 760.720.6082
(800) 380-DOAN
www.doanlaw.comSee Authors Posts (123) on Oct 19, 2009 in Bankruptcy Cases & Legislation, Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy, General Bankruptcy Information | 0 Comments
On October 5th, 2009, the Ninth Circuit Bankruptcy Appellate Panel (BAP) published its decision in In re Martinez, wherein it concluded that debtors who strip junior liens off mortgages are not entitled to deduct those payments from the chapter 13 projected disposable income test. While the decision was ordered published, the 3 judge panel disagreed with each [...]
