Family Debt Problems

Top 10 Countdown of Bankruptcy Myths: Will Debtors Lose All Possessions?

by Karen Oakes, Southern Oregon Bankruptcy Attorney

  Folks are often afraid to file for bankruptcy as they worry that they will be left without possessions–that the trustee will take all their “stuff” or the kids’ “stuff”.   The ones who really worry will even try to gift away property in order to keep it out of the bankruptcy trustee’s possession.   [...]

Bankruptcy and Identity Theft: Protect Your Confidential Data

by Karen Oakes, Southern Oregon Bankruptcy Attorney

Bankruptcy and identity theft?   How can this be an issue if someone is discharging debt?   There are debtors who file for bankruptcy protection due to someone having stolen their identity.  There are bankruptcy debtors  whose identity is stolen and the thief files for bankruptcy.   Then, there are those folks  who worry about [...]

Should You be Concerned About a “Poison Pen” Letter?

by Jonathan Ginsberg, Atlanta Bankruptcy Attorney

Your bankruptcy filing can stir deep emotions.  More than a few times, I have received calls from individual (as opposed to corporate) creditors who, after receiving a bankruptcy notice, have called me to express their displeasure that my client is seeking to discharge a debt.  Sometimes these folks will appear at your 341 hearing to [...]

Keep your children’s and your parents’ assets out of your bankruptcy!

by David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney

Too often, parents forget to consider their children’s assets when filing bankruptcy.  For example, they may control accounts under the Uniform Transfers to Minors Acts.  They may have custodian accounts. They may serve as trustee under various trusts.  They may have established educational savings accounts under section 529 of the Internal Revenue Code.   No [...]

Consumer Wins Big FDCPA Verdict!

by Karen Oakes, Southern Oregon Bankruptcy Attorney

InsideARM, a accounts receivable management blog reported today that during the past week, a consumer was awardeda $1.26 Million verdict in a Fair Debt Collection Practices Act (FDCPA) lawsuit  in New Mexico.  The consumer, a “Lucinda Yazzie”, had brought the lawsuit after the debt collector had attempted twice to garnish wages for a debt that the consumer [...]

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 you never filed bankruptcy.  You filed Chapter 7 bankruptcy in [...]