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: 18% [?]

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% [?]

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.
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In my last blog, I touched on how Bankruptcy was a “snapshot” in time wherein all information on the bankruptcy petition must be accurate as of the date your bankruptcy petition is actually filed. In this blog, the ramifications of filing a month later is explored. We take the example of filing in April 08 [...]

Popularity: 46% [?]

With the advent of the new Bankruptcy laws in 2005 came a plethora of new changes and requirements, most of which require numerous substantiating documents which also coincide with strict time frames. Failing to supply such documents and/or abide by the new time frames might mean something as slight as continuation of your case to [...]

Popularity: 42% [?]

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…Bankruptcy Liability [...]

Popularity: 40% [?]

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, [...]

Popularity: 38% [?]

Probably the most common question I get asked at parties when I tell people I’m a bankruptcy attorney is, “How do your clients pay you if they’re going to file for bankruptcy?” (The second question usually is, “Can I have one of your business cards?”) It’s a good question, though. How do people pay their [...]

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In my first Blog, we explained the differences between in personam and in rem liability and how a discharge affects in personam liability, but not in rem liability. In this part II, we get a little more technical on what the elimination of the in personam liability is all about.
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Popularity: 49% [?]

What the heck does that mean? Sounds like Latin. Well, it is. And it is the this very threshold foundation of Bankruptcy that sometimes confuses people the most. When one gets a discharge, what exactly does that mean?
If you liked that post, then try these…The 2005 Bankruptcy Act: Bankruptcy Filings Are Increasing by [...]

Popularity: 57% [?]