Your Bankruptcy Attorney & You

28 Jan Filing Bankruptcy Is About Making Tough Choices

Every new year comes with a renewed sense opportunity. People see a new year as the right time to "get it right" or "start over". Whatever words motivate you are great, and I'm all for a motivational quote as a trigger to keep me on the right track. This is why people make new year resolutions. In one way or another we have all made a new year resolution. Sometimes these resolutions work and people create real change in their lives. 2013 Sticky NotesOther times, people fall into their comfortable life patterns and the resolutions are quickly forgotten. I've always said that it's not about making the right choice, it's about seeing the other side of the choice. I am choosing this, but in return for my choice I am giving up that, that, that and that. You may be scratching your head right now, and that's ok. Well, the decision to file bankruptcy requires that you make other choices as well. Filing for bankruptcy is about making the tough choices, but those choices are probably not the ones that are popping into your head. My guess is that you are thinking about debt. You may be thinking that the house is underwater and the car payment is due. But, if you really think about it, financial choices are the exact same as all of the other choices you have made in your life. The person who chooses law school will be choosing not to become a politician. The teacher is choosing not to become a firefighter or policeman.
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24 Jan Will Bankruptcy Affect Your Immigration Status?

Non-US citizens can file bankruptcy, as I plan to write more about in a future post. However, non-citizens often worry that filing bankruptcy will negatively affect naturalization, obtaining legal permanent residence status, or even get them deported. The good news is that these things are...

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13 Jan Texas Bankruptcy Court Upholds Attorney-Client Privilege for Bankuptcy Debtors

485424742_aa3739630b_mIn re McDowell, No. 12-31231 (Bky.S.D.Tex. Nov. 16, 202), involved a married couple who filed a chapter 7 bankruptcy case. After the U.S. Trustee filed a motion seeking dismissal of the case under section 707(b), the debtors filed an amended Schedule I, listing different figures for some of their living expenses. The U.S. Trustee then filed a motion requesting that the debtors turn over copies of all documents and notes used in the preparation of their bankruptcy case filing. The debtors opposed this motion, responding that attorney-client privilege, and the doctrine of attorney work product, protected the documents from being disclosed to the U.S. Trustee. Three documents were at issue: first, the Client Information Worksheet used by the law firm representing the debtors; second, the Schedule F listing the debtors' creditors and filled out mostly by hand by the debtors; and third, the Schedule F with the lawyer's handwritten notes for each creditor. The court noted that for the attorney-client privilege to apply, the communicationmust have (1) been made to a lawyer, (2) for the purpose of obtaining legal services or advice, and (3) with the intent that the communication be confidential.
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06 Aug Accident Injury Claims and Chapter 13 Bankruptcy

bankruptcy special counselWhen I meet with a potential Chapter 13 client, I always emphasize that the five year term of a repayment plan can be a very long time and that something unexpected will almost certainly happen. One of the more common unexpected events may very well be injury claims of some type. If you have ever watched daytime television you know that there is no shortage of lawyers ready, willing and able to help you pursue injury claims for money damages if you are injured in a car accident, at work, due to a product defect, or if you need to file a claim for Social Security disability benefits. What happens if you need to pursue one of these accident injury claims after you have started your Chapter 13 repayment plan?
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