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Is My Criminal Bond Money Property of the Bankruptcy Estate - Can the Bankruptcy Court or Trustee Take My Bond Money »

The Honorable John H. Squires, Bankruptcy Judge of the Northern District of Illinois, says NO!
Michael Mason was popped in Dekalb County IL for possession with intent to deliver over 30 grams of weed.  The Circuit Court set bail at $700 Grand.  Illinois law permits a criminal defendant to post a cash bond of 10 percent.  [...]

Popularity: 3% [?]

US Trustee to Resume Debtor Audits »

According to the Office of the United States Trustee, audits, which were suspended in January 2008, will resume on May 12, 2008.
The announcement states:
5/9/2008
As mandated in Section 603(a) of Public Law 109-8, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, the United States Trustee Program (USTP) established procedures to audit petitions, schedules, and [...]

Popularity: 6% [?]

Rising prices give rise to chapter 13 plan modifications »

What do rising gas and food prices have in common? They both eat up a substantial part of your monthly budget. And if you filed chapter 13 within the past few years, you submitted a plan of monthly payments based on a budget before gas and some food prices doubled. It may [...]

Popularity: 8% [?]

Is Reaffirmation Of A Mortgage Required? »

When you file for bankruptcy, you are generally given three choices with regard to a secured debt; that is, a debt that is attached to a lien on something you own.  The Bankruptcy Code specifically deals with reaffirmations and when and how they must occur.  That information appears elsewhere on this site and there is [...]

Popularity: 9% [?]

Debtor Audits Start Again Monday »

The Executive Office of the U.S. Trustee announced today that it will resume auditing debtors in consumer bankruptcy cases starting May 12, 2008. One in 1000 consumer bankruptcy cases in each judicial district will be chosen for random audit, according to the program’s website.
The debtor audits were temporarily halted by the U.S. Trustee program [...]

Popularity: 8% [?]

“Step Plan” Puts Additional Responsibilites on Debtors »

In the Northern District of Georgia, our Chapter 13 plans are often filed as “step” plans. Basically a step plan is one in which the debtor’s trustee payment changes (steps up or steps down) when a known event happens. For example, in this district, vehicle leases are paid directly to the lender. [...]

Popularity: 6% [?]

Who Are The Trustees In Your Neighborhood, Part VII »

If you are in the Western District of Missouri, Kansas City Division, there are 10 Chapter 7 Trustees. You can never choose the trustee for your case, they are assigned by the Court at the time of filing. So far we have introduced you to Mr. David Stover, Ms. Erlene Krigel, Ms. Janice Stanton and [...]

Popularity: 9% [?]

Case Invoking Doctrine of Marshaling »

In re Szwyd, 2008 WL 1766591 (Bkrtcy.D.Mass. 2008), the Massachusetts Bankruptcy Court rejected the position of the IRS that it could not be required to marshal assets to satisfy tax liens for the benefit of the bankruptcy estate. Marshaling is a rarely invoked doctrine that, as the Court noted, “rests
upon the principle that a [...]

Popularity: 8% [?]

One in 56 Tennessee Households Filed for Bankruptcy »

One in 56 Tennessee households and one in 60 Georgia households filed for bankruptcy relief in the first quarter of 2008*, according to statistics recently released by the National Bankruptcy Research Center.
The national average was one personal bankruptcy per 119.1 households. Here is a list of the top 10 states for bankruptcy filings per [...]

Popularity: 10% [?]

Tangled Webs of Copper Meet in Bankruptcy Court »

Bankruptcy courts stage some of the most complicated and exotic dramas imaginable. Have you heard the one about the Mexican mining company that is being sued by its own subsidiary while simultaneously trying to buy it back? It’s a tale that could only be told in bankruptcy court.
The story begins in 1999 when [...]

Popularity: 13% [?]