For most people, the decision to consult a bankruptcy attorney seems to be the most difficult part of the bankruptcy filing process. But talk to anyone 6 months after filing and they will usually tell you that that decision to file was one of the best decisions they made in their life.
If you liked [...]

Popularity: 11% [?]

A few months ago, Jonathan Ginsberg posted an article on these pages about what happens if you fail to complete a financial management course.
As Jonathan pointed out, if a bankruptcy case is filed without the certificate that you completed the financial management course, and the case is closed without a discharge, most judges will [...]

Popularity: 12% [?]

There is no limit on the number of bankruptcy cases that one may file. In fact, there is no limit in between time frames to file bankruptcy. Nevertheless, if sufficient time between filings does not take place, you may be not be eligible for “discharge.”
If you liked that post, then try these…The 2005 [...]

Popularity: 23% [?]

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 [...]

Popularity: 35% [?]

An above-median income Chapter 7 debtor must pass the Means Test to avoid a mandatory five year Chapter 13 case. The Means Test takes the debtor’s income, subtracts IRS-allowed expenses and secured debt payments, and forces a Chapter 13 filing if the difference can pay a sufficient amount of debt. Here’s a short list of [...]

Popularity: 20% [?]

In my last blog, I touched on how Bankruptcy was a “snapshot” in time wherein all information on the bankruptcy petition must be accurate as of the date your bankruptcy petition is actually filed. In this blog, the ramifications of filing a month later is explored. We take the example of filing in April 08 [...]

Popularity: 48% [?]

With the advent of the new Bankruptcy laws in 2005 came a plethora of new changes and requirements, most of which require numerous substantiating documents which also coincide with strict time frames. Failing to supply such documents and/or abide by the new time frames might mean something as slight as continuation of your case to [...]

Popularity: 44% [?]

Before you sign your bankruptcy petition, you must review all of the schedules for accuracy.  One of the schedules, called “Schedule J - Current Expenditures of Individual Debtor(s)” is where your monthly expenses are listed.  If there is one place on the bankruptcy petition that my clients consistently get wrong, it is on “Schedule J”.
Very [...]

Popularity: 14% [?]

In my last blog, I spoke about identity theft arising from proof of claims. This blog is a continuation of that article and contains a copy of the tentative ruling issued by the Judge for two creditors that broke the laws with respect to publishing identity information.
If you liked that post, then try these…How to [...]

Popularity: 42% [?]

Generally, if a creditor doesn’t file a proof of claim in a timely fashion in your Chapter 13 case, that creditor does not get paid.  If it is a dischargeable debt, and if the creditor got proper notice of the Chapter 13, the debt will be discharged at the end of the case.
So why would [...]

Popularity: 16% [?]