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Hiring the Right Bankruptcy Lawyer: Priceless »

In my small state of Rhode Island, there are 5,878 licensed attorneys.  RI only has a population of 1,050,788 people.  That is one lawyer for every 178 people. 
Because each attorney is licensed in the general practice of law, he can represent just about any matter that comes through the door. He can handle a murder [...]

Bankruptcy Bill Announces Bankruptcy Song Contest! »

I don’t mean to alarm you, but the folks at Bankruptcy Bill have organized what appears to be the first ever Bankruptcy Song Contest.
So whether you’re a debtor, a creditor, a bankruptcy lawyer or a “Bankruptcy Lover,” here’s your chance to express yourself through song.  The winner will be selected [...]

Fix a Fraudulent Transfer Problem by Transferring it Back »

It’s a story which would make any bankruptcy lawyer cringe: “I deeded my cabin to my brother so I couldn’t lose it to my creditors.  My cousin’s girlfriend’s lawyer told me on the phone that would be a good move.”  Ouch!  As bankruptcy lawyers know, judgment creditors can reverse fraudulent transfers, negating the utility of this manuever.  Worse, [...]

Official Bankruptcy Secret »

Bankruptcy has an official secrets law and it is contained in §526 of the bankruptcy code.  A lawyer can not advise a client to take out a new loan before filing bankruptcy.  The Bankruptcy Abuse and Consumer Protection Act of 2005 includes this rule and I am going to break it legally.
Why would someone want [...]

Who Decides About Reaffirming a Mortgage? »

Much has been written on this blog about “reaffirmation” – the process by which a Chapter 7 debtor formally and in writing agrees to opt out of the protections inherent to a bankruptcy discharge and assume again contractual liability for secured (or unsecured) debts like mortgages and vehicle loans.
You should always speak to your lawyer [...]

National Association of Consumer Bankruptcy Attorneys Convention Tuscon »

All my bags are packed.  I’m ready to go.  Got my code in hand and I’m leavin on a jet plane.  Don’t know when I’m coming back.
Tomorrow I leave for Tuscon and the start of another National Association of Consumer Bankruptcy Attorneys Convention.  You can always tell the NACBA Lawyer when they are heading to [...]

Bankruptcy Bill and BAPCPA Man: Cartoons Come to Bankruptcy »

(This cartoon is posted on with the express permission of the creators of BAPCPA Man.)

When I think of Steven Horowitz and Gideon Kendall, I can’t help but think of the Reese’s Peanut Butter Cup.  What a perfect combination.
Horowitz, a New York City bankruptcy lawyer, and Kendall, a professional illustrator and fellow New Yorker, met years ago [...]

BLN Author Lauded by National Bankruptcy Group »

Bankruptcy Law Network member and author, Craig Andresen of Bloomington, Minnesota, has been named Member of the Month for October 2009 by the National Association of Consumer Bankruptcy Attorneys.
He is the tenth member of Bankruptcy Law Network to be recognized as member of the month for service to NACBA and the field of consumer bankruptcy [...]

Beware of Refinancing and Bankruptcy »

Refinancing can be a fraudulent transfer in bankruptcy

How Does A Chapter 13 Bankruptcy Trustee Get Paid? »

A Chapter 13 is a bankruptcy reorganization for individuals–a payment plan, in other words.  The bankruptcy court appoints a trustee (there are standing trustees who serve that function in each district) and the trustee collects payments from debtors, and distributes that money to creditors. So, how does the Chapter 13 trustee get paid?
The Chapter 13 [...]