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Does The Stress Over Debts or Mortgage Foreclosure Lead to Suicide? »

Suicide can be a tragic byproduct of the current financial and mortgage foreclosure crisis.  We have all heard of people jumping out of buildings in last century’s Great Depression.  But how many actual suicides or attempts at suicide have occurred because of today’s situation? 
At the National Association of Consumer Bankruptcy Attorneys annual convention in Chicago, [...]

I Didn’t File For Bankruptcy! How Can The Trustee Sell My House? »

I had a client come in to see me recently.  She had received a notice from a Chapter 7 Trustee that the Trustee was going to hire a real estate agent to market and sell the client’s house.
The client had not filed for bankruptcy, so how was this possible?
The answer became apparent after reviewing the notice from the [...]

Is There Such A Thing As a “Secret” Bankruptcy? »

As a consumer bankruptcy attorney, I often find myself reassuring folks who come into my office for consultations that the filing of a bankruptcy won’t be published in the newspaper, that their employer won’t have to know, that their kids won’t have to know, or that the neighbors won’t be talking about them at the [...]

Debt, Divorce, and Dealing with Both in Bankruptcy »

Divorce and bankruptcy often go hand in hand.  What many people don’t realize is that filing for bankruptcy can make a divorce easier by eliminating the fights and concerns over paying debts that the individuals are not in a position to pay.   Financial problems can contribute significantly to marital problems, so it isn’t surprising that [...]

Divorcing Couple with a Mountain of Debt »

An all-to-common picture of American domestic dysfunction: a married couple whose marriage cannot be retrieved from the abyss of discord, who trudge into the office of a bankruptcy lawyer to discuss their mountainous load of unsecured credit card debt.  As expected, the husband has the lion’s share of the debts in his name, but the wife [...]

Seventh Circuit limits Illinois Homestead Exemption »

The US Court of Appeals for the Seventh Circuit has just decided that Illinois residents cannot claim a homestead exemption on a house in which they live unless they have some record title interest in the property.  In re Belcher, (7th Cir. 07- 2174, December 31, 2008).   Often, one spouse may hold title to a [...]

Means Test Form Wrong For Marital Adjustment »

Chapter 7 debtors, married but filing alone, may be harmed by the required but incorrect Means Test form.  The form ignores the Marital Adjustment when comparing “Current Monthly Income” to median income and might unlawfully disqualify a debtor from Chapter 7 protections.
The Means Test begins by comparing a debtor’s Current Monthly Income to median income. [...]

Separated Spouses With the Same Attorney »

Bankruptcy attorneys across the country are vigorously split over the practice of representing separated spouses. Those in favor point out that it is permitted, even contemplated by the Bankruptcy Code, and it allows debtors of limited income and assets to save bankruptcy fees and costs.
Those opposed reach that position because of potential or actual [...]

Bankruptcy Automatic Stay Not Affected by Non-Dischargability »

Divorce attorneys like to insert language in the divorce agreements or decrees reciting that certain obligations are not dischargeable in a subsequent bankruptcy case by one of the ex-spouses.  Now there may be differing opinions on what parts of a divorce decree are or are not dischargeable in a bankruptcy, but such language does not [...]

Why We Need To Discuss Our Debts With Our Spouses? »

As a Consumer Bankruptcy Attorney, I meet with individuals seeking bankruptcy information everyday, and I answer their questions about their financial situations. Sometimes they are individuals, but the majority of the time I meet with husbands and wives, and I prefer it this way. I can usually tell who made the consultation and [...]