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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 [...]

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Tangled Webs of Copper Meet in Bankruptcy Court »

Bankruptcy courts stage some of the most complicated and exotic dramas imaginable. Have you heard the one about the Mexican mining company that is being sued by its own subsidiary while simultaneously trying to buy it back? It’s a tale that could only be told in bankruptcy court.
The story begins in 1999 when [...]

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The Real Party in Interest and Motions for Relief From the Automatic Stay »

A recent bench decision by Maryland Bankruptcy Court Judge Thomas J. Catliota was an important ruling regarding the real party in interest requirement of FRBP 7017.
Americredit Financial Services, Inc., an auto loan servicer, filed a MLS in its own name. Its name appears on the car title as the sole lienholder, it represented that it [...]

Popularity: 30% [?]

Can I Sell My House While I’m In Bankruptcy? »

I’m often asked whether a client can sell his or her (or their) house while they’re in a bankruptcy.
The answer is, “Yes,” but it isn’t quite that simple.
If you liked that post, then try these…Means Test Upon Conversion to Chapter 7 by Nicholas OrtizHouse in Joint Tenancy not Community Property by Cathy Moran, California [...]

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My Hearing Was Continued Since My Debt Dates Were Incorrect. »

Trustees, the US Trustee, and the Court can be a stickler when it comes to dates, and its not uncommon for your hearing to be continued as a result.  Hopefully, after reading this Blog, no one will ever have a continued hearing as a result of incorrect dates again.
If you liked that post, then try [...]

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What Do Aloha Airlines And You Have In Common? »

Aloha Airgroup, Inc, recently filed for Chapter 11 bankruptcy protection. Aloha Airgroup, Inc. is the parent corporation of Aloha Airlines, Inc. This is the company’s second bankruptcy in less than three (3) years.
You may be asking yourself, what do I have in common with Aloha Airlines? I will answer that soon, but [...]

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Creditors Beware: Please Follow The Laws When Filing Bankruptcy Proof of Claims. PART 2 of 2 »

In my last blog, I spoke about identity theft arising from proof of claims. This blog is a continuation of that article and contains a copy of the tentative ruling issued by the Judge for two creditors that broke the laws with respect to publishing identity information.
If you liked that post, then try these…What Should [...]

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Creditors Beware: Please Follow The Laws When Filing Bankruptcy Proof of Claims. PART 1 of 2 »

This last week, Bankruptcy Judge Taylor in the Southern District of California Bankruptcy Court, sanctioned First Future Credit Union and Keypoint Credit Union for failing to redact personal and confidential information belonging to debtors, in the proof of claims they filed in a Chapter 13 Bankruptcy Case. While such information may have been unintentionally placed, [...]

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Washington Post Says We Are Headed Towards A Boom In Bankruptcy Filings »

The Washington Post headline reflects what business bankruptcy attorneys are telling me. Businesses are in trouble and many will be faced with difficult decisions about closing, selling or restructuring companies. This is just another reason that personal bankruptcies will also rise this year.
The public perception of individuals who file for bankruptcy [...]

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Rescue Loans: Businesses Feel The Crunch »

Loans to ailing businesses are becoming a rarity. The credit crunch that has hit the consumer across the country is now biting businesses on the brink driving them into bankruptcy — as well as those on the rebound out of bankruptcy.
Last June, we visited this issue and businesses were not seeing much difficulty placing [...]

Popularity: 21% [?]