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Today, I am Reviewing the Claims File from my Client’s Chapter 13 »

Several years ago, the Chapter 13 trustees and the bankruptcy judges in the Northern District of Georgia added a new administrative burden to lawyers who file Chapter 13 cases in the Atlanta area.  Under this local rule, within 30 days after the “bar date” for creditors to file claims, lawyers must review all of the [...]

The Duty To Disclose: Why Does A Debtor Have To Provide A List Of All Assets? »

As my friend and colleague, Cathy Moran explained in her blog over a year ago, the benefits of filing a bankruptcy mean that the debtor provides information to the bankruptcy court in the papers filed with the court.
This benefits the debtor more than the Court–this honesty.  For full disclosure, the debtor is able to rid [...]

Carey Ebert, Ft. Worth Bankruptcy Lawyer And President of the National Association of Consumer Bankruptcy Attorneys, Joins As A Contributing Author »

Ft. Worth bankruptcy attorney Carey Ebert
Some bankruptcy lawyers need no introduction, but we’re giving one anyway to Carey Ebert, Ft. Worth bankruptcy lawyer and current President of the National Association of Consumer Bankruptcy Attorneys.  Carey is coming on board as a Contributing Author, and you’ll see her posts here on Bankruptcy Law Network for as [...]

Bankruptcy and Foreclosure Defense Attorney Opens New Southern Illinois Office »

Bankruptcy and Foreclosure Defense attorney Andy Miofsky announces the opening of his new office in Mt. Vernon Illinois.
“Clients from deep Southern Illinois are driving 90 minutes or more to my Granite City office for a consultation, so I know there is a need that isn’t currently being met in that area,” reports Andy Miofsky.  “I [...]

When Preparing for Bankruptcy, You Can’t Be Too Careful »

I was sitting in bankruptcy court this morning, waiting for my cases to be called, when something unusual caught my attention.  The trustee who was presiding made a very sarcastic remark.
Now, I have to tell you, for some trustees that wouldn’t seem unusual.  This particular trustee, however, is usually the soul of polite good humor.  [...]

I Didn’t File For Bankruptcy! How Can The Trustee Sell My House? »

I had a client come in to see me recently.  She had received a notice from a Chapter 7 Trustee that the Trustee was going to hire a real estate agent to market and sell the client’s house.
The client had not filed for bankruptcy, so how was this possible?
The answer became apparent after reviewing the notice from the [...]

Do Not Hide From Your Lawyer »

Question: When is it a good idea to hide from your lawyer, refusing to return his calls and ignoring a pending court date?  Answer: never.
I experienced this situation last week in a case involving a Chapter 13 client who had completed almost 4 1/2 years of a 5 year plan, then ended up with a [...]

Questions To Ask A Bankruptcy Lawyer Before Signing A Retainer Agreement »

So the stress of dealing with overwhelming debt has finally gotten to you, and you’ve decided that bankruptcy might be the best solution for regaining your financial footing. If bankruptcy seems like the logical course of action, you’ll need to contact a bankruptcy attorney to take your case.
Before choosing an attorney to represent you, though, [...]

Limited Attorney Appearances Allowed In Massachusetts »

An attorney can limit her appearance in a bankruptcy case to a particular contested matter or adversary proceeding in Massachusetts, without generally appearing on behalf of a debtor for all contested matters, if the client agrees and either (1) the client is otherwise pro se (case filed without an attorney) and the attorney is working [...]

How Do I Find Out My Chapter 13 Balance? »

So its been 2 years now and you are wondering the current status of your Chapter 13.  What is your payoff?  What claims have been submitted?  What is the balance of each claim?  How do you go about finding out this information?  Many times, debtors simply contact their attorney who they assume has all the [...]