An unsettled, and even unsettling, question for bankruptcy lawyers and debtors alike is whether client worksheets can be examined by the other side in a contested bankruptcy court hearing. Does the attorney-client privilege protect such documents from being seen by hostile creditor attorneys? A bankruptcy lawyer will often provide a client worksheet at a first […]
The Basics Of Bankruptcy
If you’re thinking about bankruptcy as a way to end your bill problems, it’s important to understand what you’re getting yourself into. These articles on the basics of bankruptcy can help you get your feet wet so you can be better prepared to work with your lawyer.
“Anything that casts a cloud or diminishes the value of of an exemption is suspect and can be avoided.” Those simple words are important to people facing bankruptcy. The fresh start in bankruptcy is real. And sometimes it takes judges to clear the way for it. In this particular case, a creditor had a judgment […]
The doctrine of judicial estoppel reared its ugly head again, preventing a chapter 13 debtor from suing his former employer for racial discrimination. The U.S. Court of Appeals, Eighth Circuit, ruled that a chapter 13 debtor should have amended his bankruptcy documents to list the lawsuit, even though the debtor suffered the alleged discrimination three […]
As my colleague, Rachel Foley, often says: “Riddle me this….” Is honesty the best policy? Honestly, yes! There have been a number of posts on Bankruptcy Law Network about the perils of lying to your attorney, the court, the trustee and the consequences for dishonesty (Folks, it’s a crime to lie on your bankruptcy […]
The Official Bankruptcy Forms were overhauled on December 1, 2015. This was done with a stated goal to produce a more consumer friendly form that will allow people to fill out the bankruptcy petition more easily. The old forms were largely unchanged all the years I have been a bankruptcy lawyer, and I entered bankruptcy law in 1988. […]
I will occasionally get a phone call from a family member of someone who is facing a lawsuit, repossession or foreclosure…that is scheduled for next week. Normally, I’d suggest that the potential client facing the lawsuit, repossession or foreclosure come in right away so the we can file an emergency bankruptcy petition to immediately stop the collection […]