“I don’t want to file bankruptcy on my house!”  “I don’t want to file bankruptcy on my car!”  “I owe my mom some money but I don’t want to file bankruptcy on her!”
Every bankruptcy attorney practicing in this country has heard these phrases or variations of them.  The client wants to keep his home so he thinks [...]

For many years, it was questionable whether a debtor who filed for chapter 7 relief was able to keep expensive real estate at the expense of paying other creditors.  At least 5 cases have come down since the new laws passed in 2005 that held that such high expenses related to residences was an “abuse” [...]

What happens when you cannot make your Chapter 13 payments due to unexpected bills?  A furnace goes, or a car breaks down, or you get sick or hurt.  What then?
There are a number of options.  None of them are “Keep this secret from your lawyer!”
You can ask for a suspension, or moratorium of payments and [...]

I often find that when asked about their insurance, my bankruptcy clients tell me that they are “covered by insurance from the mortgage company.”
Bankruptcy or not, be very clear about this:  if your insurance lapsed and you were notified by your mortgage company that they have obtained insurance for you, this insurance covers their loan [...]

Senior citizens with fixed incomes frequently think about filing for bankruptcy.  Even though we have experienced a horrible mortgage meltdown, many retired people have actually paid off their houses and, at least in theory, still have equity.  Yet their social security income is not enough to live.  Even worse, many pensions have been cut back [...]

Hat tip to my New York colleague, David B. Shaev, for the excellent coverage and honest statements. Finally, the news media gets their information about bankruptcy right!

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 [...]

The U.S Court of Appeals, Fifth Circuit, recently ruled that on the means test’s Form B22A, a vehicle ownership expense is allowed even when the debtor has no car payment.  The court’s ruling in In re Tate, No. 08-60953 (5th Cir. June 10, 2009), agrees with the only other circuit court opinion on this issue, In re [...]

I’ve been having more and more potential clients who are older come see me asking about bankruptcy.  Sometimes, bankruptcy is a good solution for these people.  Sometimes though, bankruptcy is not a good option.  And quite often, very few good options remain to deal with your debt.
Recently, I spoke with an older person who wanted to know if [...]

If you stop making Chapter 13 payments and do nothing else, your bankruptcy case will be dismissed and the court will not enter a discharge order.  This means you will lose the benefits of your bankruptcy and will no longer be protected from your creditors.
When your bankruptcy case was filed, the court entered a stay [...]