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I’m Having Trouble Making My Chapter 13 Payments–Is Converting To A Chapter 7 An Option? »

A chapter 13 case can last from several months to several years (but no more than five years).  Over this amount of time, things can change–jobs can change, expenses can change, any number of things can change.
Because of this, it is not unusual for folks who are in a chapter 13 plan to experience difficulty [...]

#1 Must the Non-Filing Spouse’s Information Be Disclosed? »

#1 “Must the Non-Filing Spouse’s Information Be Disclosed?

This continues the series “I’m Filing, My Spouse Isn’t-What Happens?” The series is introduced here.
Let’s start by remembering the context of a review of a bankruptcy petition by angry creditors or the United States Trustee’s office, for example. For one thing, the Means Test might be needed to [...]

Credit Cards, Cab Drivers And The Economy ? »

New York City has noticed the percentage of people paying cab drivers with a credit cards has risen dramatically in the past two years.  The question is whether the use of credit cards has risen for convenience purposes or because of the economy?
Other cities have been slow on the take, and they have not implemented [...]

Some Assets Are More Protected Than Others: Bankruptcy Exemptions »

As unemployment rates continue to rise, it is a good idea to try to bunker down and prepare for the worst so you can ride out the storm if you find yourself among the unemployed, or facing a pay cut.
There was some good advice in an article in the Wall Street Journal on November 6, [...]

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 [...]

My Chapter 13 Bankruptcy Got Dismissed, What Do I DO? »

If you have received a dismissal in your Chapter13 you should immediately be in touch with your bankruptcy lawyer to go over your options.
The dismissal mean you have not completed your Chapter 13 and the court has dismissed your case. You are almost back in the same situation as you were before you filed bankruptcy. [...]

Tell the truth – the whole truth – and nothing but the truth »

The point of filing a bankruptcy case is to get a discharge of your debts.  The deal is simple.  An honest debtor gets a fresh start.  The price of the bargain?  You have to let the trustee have all of your “non-exempt” assets. That means you have to tell the trustee about everything you have.
If [...]

Should My Wife Stay Out of the Bankruptcy Case to Save Her Credit Rating? »

This question comes up often in a bankruptcy lawyer’s office, and each time it does the answer is nearly always the same: no.
Of course, this question could just as easily be asked the other way, should the husband refrain from joining in his wife’s bankruptcy?  The question is based on the perception that the family [...]

California Homestead Amounts To Increase »

California Homestead Amounts To Increase
Governor Schwarzenegger signed into law new legislation that raises the amounts that can be claimed as a homestead in California.  The law, Assembly Bill 1046 is one of several new pieces of California legislation aimed at protecting homeowners.
Previously, the equity in your home was exempt from execution or in a bankruptcy [...]

Will You Qualify For Chapter 7 Bankruptcy After Halloween? »

If you are a consumer thinking about filing bankruptcy, you will want to figure out whether to file bankruptcy before or after November 1 when changes to the income eligibility guidelines take effect.  For some people, the means test changes will help and for others the changes will hurt.
In Kansas, for example, median family income [...]