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The Duty To Disclose: Why Does A Debtor Have To Provide A List Of All Assets? »

As my friend and colleague, Cathy Moran explained in her blog over a year ago, the benefits of filing a bankruptcy mean that the debtor provides information to the bankruptcy court in the papers filed with the court.
This benefits the debtor more than the Court–this honesty.  For full disclosure, the debtor is able to rid [...]

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 [...]

Bankruptcy’s Real World v. Bankruptcy Road Rules »

On MTV each  year, the network promotes a “battle” between two sets of reality show stars:  Real World and Road Rules.    Each show advertises how “real” the show is, showing moment by moment in its young 20-something (or younger) stars’ lives.    And at the end of the show, the new reality stars move on, get [...]

What Happens If I Am A Renter Filing Bankruptcy And My Landlord Is Trying To Evict Me? »

While back rent is dischargeable in a bankruptcy proceeding, your landlord has options when you file for bankruptcy.   Timing is everything in this situation.   If your bankruptcy is filed BEFORE the state court enters an eviction order, then the automatic stay kicks in and you are protected, as my colleague, Stephen Otto, of Penn., explained [...]

I Own My Vehicle Outright–Will I Lose It If I File Bankruptcy? »

So, you have no choice but to file bankruptcy, but you own a vehicle worth, say $10,000.00. What will happen if you file bankruptcy?
Your co-workers say you will lose it. That you should value it at less than what it is worth. Your attorney says give accurate values.
What really happens?

The 2005 Bankruptcy Act: Bankruptcy Filings Are Increasing »

There was a lot of hoopla about the reasoning behind the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. When it was first enacted, some thought that bankruptcy was going to be nearly impossible for consumers. And, at first, bankruptcy filings were slow as noted by my colleague and fellow blogger, Peter [...]

Just One More Time For the Record: Think Four Times! »

In Rachel Foley’s recent posting here, she urges readers to think once, twice, three times about trying to represent yourself in bankruptcy. About a month ago, I posted on a “painful to watch” 341 hearing with two debtors who tried to use a bankruptcy petition preparer and save money. Each [...]

Why Saving Money Using A Bankruptcy Petition Preparer Doesn’t Save Money! »

Recently, I attended a meeting of creditors for Chapter 13 debtors. There were two people there, each all alone, sitting nervously, waiting for their names to be called. Each had used a paralegal to “type” up their bankruptcy papers.
Paralegals who type up bankruptcy papers have a special name: Bankruptcy Petition [...]

Is Walking Away From Your House An Alternative To Bankruptcy? »

There have been alot of reports for the last few weeks on a new company, “You Walk Away”. The company says that, with their help, distressed homeowners can “walk away” from their mortgages, homes, and suffer no consequences. Can this be true? The NewYork Times article by John [...]

Green Chair of Truth–the 341 Meeting Chair »

Jill Michaux recently wrote a piece on What To Expect At Your 341 Hearing. She provided a list of questions, typically asked at the 341 Hearing, also known as the Meeting of Creditors. These questions were also probably provided in different forms in the homework provided by your attorney. [...]