For most people, the decision to consult a bankruptcy attorney seems to be the most difficult part of the bankruptcy filing process.  But talk to anyone 6 months after filing and they will usually tell you that that decision to file was one of the best decisions they made in their life.
If you liked that [...]

Popularity: 1% [?]

In Rachel Foley’s recent posting here, she urges readers to think once, twice, three times about trying to represent yourself in bankruptcy. About a month ago, I posted on a “painful to watch” 341 hearing with two debtors who tried to use a bankruptcy petition preparer and save money. Each [...]

Popularity: 30% [?]

Congress could help homeowners in trouble, but once again has said a loud “NO” to help for homeowners in need. Today the Senate did not vote to support S.R. Bill 256 which could have helped so many families facing loss of their homes. Something has to be done to give some relief to [...]

Popularity: 39% [?]

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 [...]

Popularity: 23% [?]

If your spouse files a bankruptcy, will that affect your ability to pay for your children’s continuing education?  It all depends on what level of education your children are attending.
The new (now nearly 2 1/2 years old) bankruptcy law specifically allows a debtor to deduct from the means test a certain amount for education expenses [...]

Popularity: 16% [?]

Bankruptcy Judge Robert E. Littlefield, Jr., from the Northern District of New York outlines the rights and responsibilities of Chapter 13 debtors and their attorneys in a recently filed Administrative Order.  After the case is filed, he suggests that:
The debtor agrees to:
1. Keep the Trustee and attorney informed of the debtor’s address and telephone number.
2. [...]

Popularity: 17% [?]

Northern District of New York Bankruptcy Judge Robert E. Littlefield, Jr. recently filed an administrative order outlining the rights and responsibilities of Chapter 13 debtors and their attorneys.  Before the case is filed, he suggests that:
The debtor agrees to:
1. Provide the attorney with accurate financial information and timely provide all requested documentation. 
2. Discuss with the [...]

Popularity: 15% [?]

Unlike a Chapter 7, if your spouse files a Chapter 13 bankruptcy, your real property, even if it has exposed equity, will usually not be taken by the trustee.  As long as your spouse’s creditors get at least as much through the Chapter 13 case as they would have received if it was a Chapter 7 [...]

Popularity: 36% [?]

Recently, I attended a meeting of creditors for Chapter 13 debtors. There were two people there, each all alone, sitting nervously, waiting for their names to be called. Each had used a paralegal to “type” up their bankruptcy papers.
Paralegals who type up bankruptcy papers have a special name: Bankruptcy Petition [...]

Popularity: 24% [?]

The one thing I really want my Bankruptcy Clients to do is be upfront about personal issues. For example, when analyzing means testing data, it became apparent that several clients had substantial income that was unaccounted for. Money was disappearing out the budget each month that could or should be available [...]

Popularity: 27% [?]