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Where Do I Mail My Chapter 13 Plan Payments? The Trustee is S. J. Beaulieu, Jr. »

If you are in a Chapter 13 Plan in the Eastern District of Louisiana, which is the Bankruptcy Court for the Greater New Orleans area, the mailing address for the mailing of your Chapter 13 Plan payments has changed.
You should now send your Chapter 13 Plan payments to:
S. J. Beaulieu, Jr., Chapter 13 Trustee, P.O. Box 113, [...]

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 [...]

Debt Settlement Companies: More Misleading Ads »

Bankruptcy lawyers can’t help but pay special attention to TV or radio ads aired on behalf of so-called “debt settlement” companies.  Aside from the fact that such firms have frequently been the subject of federal or state regulatory investigations, their ads are often filled with misleading or questionable claims.
Here are some quotes from ads recently aired [...]

How has the Absolute Priority Rule changed in Chapter 11? »

Previously, I discussed how one change to Chapter 11 of the Bankruptcy Code opened up the door for middle-class consumers to take advantage of the code in a way traditionally reserved only for the big boys.
Honestly, I am still a neophyte in this realm of bankruptcy, but I have the good fortune to work with [...]

Attacking Financial Problems With Timely Advice »

We all handle medical problems differently.  Go to any Emergency Room and you may wonder why the guy experiencing chest pains for the past week didn’t come in earlier and why the kid with the splinter is there at all.
Financial problems are the same.  Some delay getting financial counsel, while others are pro-active and want [...]

How can an Individual Chapter 11 be better and cheaper than Chapter 13? »

Wow, my previous post on Individual Chapter 11 cases lit up my email!  Well, I can understand the interest.  How is Chapter 11 better than Chapter 13, and how could a Chapter 11 bankruptcy possibly be cheaper than a Chapter 13?
According to Chapter 11 attorney Brett Mearkle, the first major difference between an Individual Chapter [...]

I’m Filing, My Spouse Isn’t — What Happens? »

Usually, if a bankruptcy is necessary for one spouse, both spouses will file. Sometimes only one does — does it matter? What happens?This begins a 10-part series on some of the issues when only one spouse files. Issues to be covered include:

Must the non-filing spouse’s information be disclosed?
What if my spouse’s assets are separate — [...]

A Judgment Has Been Filed Against Me–Is It Too Late To File Bankruptcy? »

Absolutely not!  Many people have expressed concern that if a judgment is entered against them in state (or federal) court, then they are stuck with that particular debt.  In most instances, this is simply not the case.
To understand what occurs, it is helpful to know how a judgment works against you.  First, when a court enters [...]

Can I Keep One Of My Credit Cards When I File For Bankruptcy? »

Can I keep one of my credit cards when I file for bankruptcy?
A common question heard by bankruptcy attorneys and a common temptation.
And understandable!
In today’s world, it is almost impossible to rent a car or reserve a hotel room without a credit card.

Are Attorney Fees Still Recoverable in the 9th for Stay Violations? »

On October 1, 2009, the Ninth Circuit Court of Appeals issued its decision in Sternberg v. Johnston, No. 07-16870 wherein it affirmed a stay violation under 11 USC 362, yet held that attorney fees were only recoverable related to enforcing the automatic stay and remedying the stay violation, and not in the litigation of damages.  In [...]