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Attacking Financial Problems With Timely Advice »

We all handle medical problems differently.  Go to any Emergency Room and you may wonder why the guy experiencing chest pains for the past week didn’t come in earlier and why the kid with the splinter is there at all.
Financial problems are the same.  Some delay getting financial counsel, while others are pro-active and want [...]

Are Attorney Fees Still Recoverable in the 9th for Stay Violations? »

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 [...]

What Is This Notice I Just Got From The Bankruptcy Court »

You just filed a bankruptcy.  You thought everything was under control.  Now you got a letter from the bankruptcy court.  Inside that letter is a notice from the court.  This notice contains all sorts of important things and you should read it.
What is in the notice? If you file a Chapter 7 Bankruptcy the notice [...]

Bankruptcy Exemptions in New York State »

When filing bankruptcy, a client’s first question often involves whether or not they can keep things they own, like their home, their car, or their 401(k).
These questions are important, and the answer to the question is two-fold:
1. Is there a lien against the property?
2. If no lien exists, what Bankruptcy Exemptions are available?
If there is [...]

What Types of Bankruptcy May I Chose? »

frequently asked bankruptcy questions
bankruptcy eligibility test changes November 1, 2009
converting from chapter 13 to chapter 7
I don’t qualify for chapter 13
chapter 13 may be your best option
video:  the six chapters of bankruptcy

Average Income for Bankruptcy Eligibility Test Drops »

According to the United States Department of Justice, U.S. Trustee program, Americans make less money today than eight months ago.
In order for bankruptcy practitioners to determine whether a person or couple qualifies for Chapter 7, we look to the latest median income figures periodically published by the U.S. Trustee.  Normally, and as anyone would expect, [...]

My Bankruptcy 341 Meeting of Creditors Is Coming Up — What Should I Expect? »

You’ve filed bankruptcy and now your § 341 Creditors Meeting is coming up.  What should you expect?  Understandably, many people are apprehensive about their “court” appearance.  Usually, in most consumer oriented bankruptcy cases, the § 341 Meeting of Creditors is not an ordeal.
First, the § 341 Creditors Meeting is required and it is required that you attend this [...]

Watch a Bankruptcy Meeting of Creditors »

What will they ask me at my bankruptcy hearing?

What Happens if You Don’t Object to Bankruptcy Claim? »

If a creditor files a proof of claim in a Bankruptcy Proceeding, it is deemed allowed unless you or another interested party objects.  So what does “allowed” mean and what are its ramifications?

Budgeting To Pay For Bankruptcy »

I’ve been asked the question a thousand times.  “How can your clients afford to file bankruptcy if they don’t have any money?”  Its a good question.  Certainly a question I asked before opening my consumer bankruptcy practice 18 years ago.  Where does the money come from?
Lets start with the obvious.  Family.  I have seen parents [...]