A recent study shows that in some areas of the Country, renting is cheaper than owning.  In Florida, especially Southwest Florida, that study speaks volumes.  Cities in Southwest Florida, like Fort Myers, Cape Coral, Lehigh Acres and Port Charlotte have been hit pretty hard by the devastating real estate market and foreclosures.  Home prices have [...]

If you are thinking of filing for Bankruptcy, one of the items on your checklist to think about is your car.  Should you purchase a new car or used car prior to filing for bankruptcy protection?  What about your spouse’s car? \
As an attorney, the current status of the law would prevent me from counseling [...]

Even when faced with a financial crisis, many people hesitate to declare personal bankruptcy, primarily because they think they’ll never be able to take out a home mortgage, obtain a credit card, or buy a car again. They envision themselves having to pay bills through Western Union, and being unable to use a credit card [...]

Stephen Baldwin file Chapter 11 Bankruptcy yesterday.  He is just another celebrity who has been brought back to reality.  Although I have yet to see the Petition and Schedules that were filed in the Bankruptcy Court, news reports state that the actor is millions of dollars in debt.  His website does not make a mention [...]

It’s no secret that if you need to file bankruptcy, you are under stress. Financial problems are horrible, and they are real. But don’t let financial problems consume your life. Concentrate on what’s truly important: your health and your family.
I keep a box of Kleenex on my desk for my clients. By the time [...]

It often happens that a creditor gets a judgment against you before your bankruptcy case is filed.  That judgment is erased by the filing, unless it’s a type of debt that isn’t discharged anyway (fraud, theft, intentional injury, and the like).
This doesn’t automatically mean that you need to file a bankruptcy case.  You may be [...]

A Massachusetts Chapter 13 debtor has been able to remove (”cancel” or “rescind”) a second or refinancing mortgage, without having to pay the full principal balance, if there was a serious defect in the closing papers.  See Cancel That Mortgage:  Why Bankruptcy and Remove That Mortgage !!
A recent intermediary appellate decision just changed that ruling.  [...]

In Santulli v. Texas Board of Law Examiners, 2009 WL 961568 (Tex.App.-Austin, April 10, 2009), the Texas Court of Appeals upheld the revocation of a lawyer’s license to practice law, based upon his failure to either make payment arrangements for his outstanding debts or discharge them in bankruptcy. 
The Board of Law Examiners had found that [...]

There is nothing more professionally rewarding to a bankruptcy attorney than to revel in his client’s success just a few years later.

Unlisted, unscheduled debts are not discharged in the First Circuit, which covers Puerto Rico and New England (except Connecticut).  All medical bills must all be listed, even if you believe them to be covered by insurance, because the insurance company may later deny the claim.  Cosigned or guaranteed debts of others must be listed, even [...]