RSS Feed for Venue and QualificationsCategory: Venue and Qualifications

Temporary Resident of One State Wants to Know Where He Should File »

If any of you host or contribute to a blog, you know that like potato chips, it is almost impossible to have just one (blog, that is).  In addition to serving as a contributing editor of the Bankruptcy Law Network family of blogs, I maintain my own Atlanta bankruptcy blog.
Occasionally, I get questions on my [...]

Popularity: 4% [?]

When Can I File Bankruptcy Again? »

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: 22% [?]

New Bankruptcy Laws: File By The End Of The Month or Start All Over! Part 1 of 2. »

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: 43% [?]

Seek Legal Advice Before Making Significant Financial or Lifestyle Changes »

Several months ago, I referred a potential bankruptcy client to a colleague because the case involved a business situation very similar to a somewhat complicated case my colleague had handled previously.  The prospective client called my friend and actually paid a fairly sizeable retainer, but never ended up hiring him.
Now, some 18 months later, the [...]

Popularity: 18% [?]

Bankruptcy and Student Loans: One Frustrating True Story (Part 3) »

In Part 2, the debtor discovered that he was wrong when he thought that the judge’s order in his Bankruptcy case was a valid, final order discharging his student loan.
So, in due time, an amended complaint was filed alleging that the student load agency and their collection company should be estopped from collecting the debt [...]

Popularity: 26% [?]

Minnesota Homestead Exemption: Increased to $300,000 and 160 Acres, or $750,000 for Farmers »

In many states, you can choose between the federal bankruptcy law exemptions and your state exemptions, whichever protects your property the best. The federal bankruptcy exemptions provide for an exemption of $20,200 for your home equity, which usually means $40,400 for a joint case. That’s not a very generous exemption.
However, Minnesota allows debtors [...]

Popularity: 20% [?]

Filing for Bankruptcy From Outside the United States »

Can you file for bankruptcy in the United States if you live in Canada…or England…or Costa Rica? The answer, at least in Maryland, is “Yes.”
A recent decision by Maryland Bankruptcy Judge Nancy Alquist in a case I argued, In re Baker, held that Mr. Baker, a US citizen who was a resident of Costa Rica, [...]

Popularity: 17% [?]

I Got My Discharge In Chapter 13 And Now I Have New Debts…What Do I Do? »

You worked for years (somewhere between 3-5 years) paying off your debts, and just when you thought you were done with debt collectors…..something bad happens. Something really bad and suddenly you are back where you started, in trouble financially and being pestered by bill collectors. And those collectors are telling you that there [...]

Popularity: 11% [?]

Bankruptcy Basics: Why Would The Judge Deny My Discharge? »

Well, you did it. You did all the paperwork by yourself and turned it all in on time. You went to the Meeting of Creditors and faced the Chapter trustee’s questions and answered them all (the answers that the trustee was looking for). Now, just when you thought your case was [...]

Popularity: 11% [?]

How Much Is the Kansas Homestead Exemption in Bankruptcy? »

Following up on Karen Oakes’ post about property exemptions, I will post a series of articles on the Kansas exemptions. Kansas is an opt-out state, which means state law controls what a debtor can keep in bankruptcy.
A Kansan may protect all the equity in his home when he files for bankruptcy. This protection, [...]

Popularity: 10% [?]