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Is Church Tithing Allowed in Bankruptcy? »

Sections 707(b)(2) and 1325(b) of the bankruptcy code allow a chapter 7 or chapter 13 debtor to claim an expense for charitable contributions, including tithing to a religious organization.  This has the possible effect of allowing a debtor to qualify more easily for chapter 7, or allowing a chapter 13 debtor to pay less money [...]

Tell the Truth in Bankruptcy »

Be sure to tell the truth, the whole truth and nothing but, when it comes to advising your attorney about your financial picture.
When meeting or speaking with your attorney you will often be asked a number of questions. Each question asked by your attorney, is being asked because it is relevant to your bankruptcy case, [...]

I Can’t Make It to My Creditors Meeting — Now What Do I Do? »

There really are few reasons which are good enough to justify rescheduling a bankruptcy meeting of creditors (or section 341(a) meeting).  After all, the bankruptcy filing amounts to “making a federal case out of things,” and it just doesn’t seem right for the debtor to fail to make room in his or her schedule to [...]

What are avoidance powers in bankruptcy? »

Bankruptcy relief accomplishes three main goals: i) for the debtor, provides the necessary “breathing room” to propose a debt adjustment plan or reorganization plan; ii) for the debtor’s creditors, ensuring property of the estate (which includes wages earned post-petition) is distributed in accordance with priorities set forth under the Bankruptcy Code; and iii) preservation and [...]

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 [...]