Your Bankruptcy Attorney & You

04 Oct May a Bankruptcy Trustee Directly Contact a Debtor Represented by Counsel?

One reason that people considering bankruptcy hire lawyers is to prevent other lawyers involved in the matter from communicating directly with them, to avoid being taken advantage of. The rules of legal ethics or professional responsibility governing lawyers unquestionably prevent creditors' lawyers from making direct...

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25 Sep Disclose, Disclose, Disclose For Successful Bankruptcy

If your bankruptcy attorney is a member of the National Association of Consumer Bankruptcy Attorneys [NACBA] chances are that attorney participates in a list service discussion of issues along with other bankruptcy attorneys across the country. The NACBA list allows member attorneys to share practice tips and discuss emerging trends. A recent discussion illustrates the need for accurate preparation of the bankruptcy paperwork and shows what could happen if proper procedures are not followed. A debtor who filed bankruptcy did not disclose ownership of a pending personal injury claim. After the bankruptcy case concluded the debtor settled the injury claim. Debtor, the personal injury lawyer who worked the case and several medical providers received payment from the settlement. Later the bankruptcy trustee learned about the settlement and demanded all of that money.
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06 Jun Reaffirmation Agreement: What Happens If My Bankruptcy Lawyer Refuses To Sign It?

Let's say you file chapter 7 bankruptcy, and you want to keep paying your vehicle loan and thereby keep your vehicle. The bank sends your bankruptcy lawyer a "reaffirmation agreement," which is apre-printedofficial form issued by the bankruptcy courts. It states that you are continuing...

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02 Jun My Lender Wants Me to Reaffirm My Car Loan–What Should I Do?

So, you're in a Chapter 7 bankruptcy and you want to know whether you should reaffirm your car loan. A reaffirmation agreement basically takes a secured loan, like a car loan, outside the effect of your bankruptcy discharge. As to that one debt, it's like...

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