Category: Exemption Issues
By Craig Andresen, Attorney at Law
closeAuthor: Craig Andresen, Attorney at Law
Name: Craig Andresen, Attorney at Law
Email: craig@cwalaw.com
Site: http://www.cwalaw.com
About: Helping consumers in every county in Minnesota since 1987. Call (952) 831-1995, or visit my website, to set up an initial consultation and learn how I can help you. Mention Bankruptcy Law Network when you call.See Authors Posts (89) on Nov 30, 2008 in Bankruptcy Cases & Legislation, Exemption Issues | 0 Comments
When social security benefits have already been received, but not yet spent on the date a bankruptcy case is filed, the funds cannot be claimed exempt under the federal bankruptcy exemptions, according to In re Carpenter, 2008 WL 4567128 (Bky.D.Minn. Oct. 14, 2008), a recent Minnesota bankruptcy court ruling. This case held that bankruptcy code [...]
By Craig Andresen, Attorney at Law
closeAuthor: Craig Andresen, Attorney at Law
Name: Craig Andresen, Attorney at Law
Email: craig@cwalaw.com
Site: http://www.cwalaw.com
About: Helping consumers in every county in Minnesota since 1987. Call (952) 831-1995, or visit my website, to set up an initial consultation and learn how I can help you. Mention Bankruptcy Law Network when you call.See Authors Posts (89) on Nov 18, 2008 in Bankruptcy Practice and Procedure, Discharge of Debt, Exemption Issues | 0 Comments
The U.S. Court of Appeals for the Eighth Circuit ruled in August 2008 that section 522(o) of the bankruptcy code allows pre-bankruptcy “exemption planning” in the manner as was allowed prior to the enactment of section 522(o). This decision, In re Addison, 540 F.3d 805 (8th Cir. 2008), addressed, among other things, the effect of section [...]
By Bankruptcy Attorney
closeAuthor: Bankruptcy Attorney
Name: Bankruptcy Attorney
Email: bankruptcy@gmail.com
Site: http://www.bankruptcylawnetwork.com
About: See Authors Posts (72) on Nov 6, 2008 in Bankruptcy Protection & Automatic Stay, Exemption Issues | 0 Comments
BANKRUPTCY ESTATE: The sum total of the debtor’s legal and equitable interests as of the commencment of the case. This is the collection of assets and legal rights that a trustee administers for the benefit of creditors. Upstate New York Bankruptcy Attorney Peter Orville discusses property of the bankruptcy estate.
If you liked that post, then [...]
By Bankruptcy Attorney
closeAuthor: Bankruptcy Attorney
Name: Bankruptcy Attorney
Email: bankruptcy@gmail.com
Site: http://www.bankruptcylawnetwork.com
About: See Authors Posts (72) on Nov 1, 2008 in Bankruptcy Practice and Procedure, Exemption Issues | 0 Comments
AVOIDANCE: The Bankruptcy Code permits the debtor to eliminate (avoid) some kinds of liens that interfere with an exemption the debtor has claimed. The trustee may also avoid a preferential transfer to a creditor made before the bankruptcy case was filed.
If you liked that post, then try these…Can The RFDCPA Apply To Proof Of Claims? [...]
By Eugene S. Melchionne, Connecticut Bankruptcy Attorney
closeAuthor: Eugene S. Melchionne, Connecticut Bankruptcy Attorney
Name: Eugene S. Melchionne, Connecticut Bankruptcy Attorney
Email: eugene.melchionne@bankruptcylawnetwork.com
Site: http://www.ctbankruptcy.com/
About: Mr. Melchionne is a graduate of The University of Connecticut (B.A. 1977) and Drake University School of Law (J.D. 1980) where he received the American Jurisprudence Award for academic excellence. Most recently, Mr.Melchionne was appointed to the Commission on Mortgage Foreclsoures by Connecticut Supreme Court Chief Justice Chase Rogers to recommend changes to procedures to protect consumers in the Conencticut Courts in foreclousure cases.
Since 1980, Mr. Melchionne has focused his practice in the areas of consumer bankruptcy, workouts and foreclosure defense in distressed real estate markets, real estate transactions, condominium law, commercial litigation, business organizations and probate. Prior to opening his office in 1990, Mr. Melchionne was the Vice President of the Waterbury Credit Bureau and was associated with Grady & Riley in Waterbury, Connecticut and DiPietro, Kantrovitz & Brownstein, P.C. in New Haven, Connecticut. From 1990-1998, Mr. Melchionne was of counsel to Bender & Anderson handling that firm's complex litigation and trials. In addition to his practice, Mr. Melchionne was an adjunct professor at the American Institute of Banking and Teikyo Post University teaching bankruptcy, real estate, commercial and consumer law. Mr. Melchionne also advised the Corporation Counsel's office for the City of Waterbury on bankruptcy and foreclosure matters and mentored junior attorneys in that office.
Mr. Melchionne was appointed State Chair for the National Association of Consumer Bankruptcy Attorneys (NACBA). He acts as liasion between the national organization and Connecticut attorneys who are members of the Association.See Authors Posts (79) on Oct 31, 2008 in Bankruptcy Myths, Connecticut, Exemption Issues, Featured | 0 Comments
Recently, a well-dressed, well-spoken person came to my office to discuss filing for bankruptcy. A quick review of claims by creditors revealed several lawsuits and an assortment of credit card debt. There were two mortgages and two car loans. Even though both husband and wife were working, the total monthly income was barely enough to [...]
By Peter Orville, Attorney at Law
closeAuthor: Peter Orville, Attorney at Law
Name: Peter Orville, Attorney at Law
Email: porville1@stny.rr.com
Site: http://www.peterorville.com
About: Helping consumers in the following counties of the Northern District of New York: Broome; Chenango; Cortland; Delaware; Onondaga; Otsego; Tioga; and Tompkins.
Call (607)770-1007 to set up an initial consultation and to learn how I can help you. Or visit my website at www.peterorville.com
Mention Bankruptcy Law Network when you call.See Authors Posts (108) on Oct 27, 2008 in Bankruptcy Cases & Legislation, Bankruptcy Practice and Procedure, Chapter 7 Bankruptcy, Exemption Issues, General Bankruptcy Information, New York | 0 Comments
Until recently, it was unclear whether cash value in a life insurance policy was protected if a joint bankruptcy was filed in New York State. Up until about a year or so ago, it wasn’t an issue. The cash values of life insurance policies were seen as exempt as long as there was a beneficiary named [...]
By Brett Weiss, Maryland Bankruptcy Attorney
closeAuthor: Brett Weiss, Maryland Bankruptcy Attorney
Name: Brett Weiss, Maryland Bankruptcy Attorney
Email: brett@BankruptcyLawMaryland.com
Site: http://www.BankruptcyLawMaryland.com
About: Brett Weiss has been practicing in the areas of bankruptcy for the past 24 years.
Mr. Weiss has received international media attention in connection with the cases he had handled. He has been interviewed by Barbara Walters on The View, appeared on the Today Show, Good Morning America, ABC News with Peter Jennings, the Montel Williams Show, BBC World Service, German state television, and numerous local radio and television programs, and been quoted in Money magazine, The Washington Post and The Baltimore Sun, among others.
An honors graduate and award-winning National Moot Court Competition national finalist at the University of Maryland School of Law, Mr. Weiss served as law clerk to the Chief Administrative Judge of the Anne Arundel County Circuit Court before entering into private practice. Mr. Weiss has over twenty years of practical legal experience, trying hundreds of cases within that time. Regularly appearing before the United States Bankruptcy Court, state and federal courts throughout the State of Maryland and the District of Columbia, he is a strong advocate for his clients.See Authors Posts (95) on Oct 23, 2008 in Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy, Exemption Issues, General Bankruptcy Information, Maryland, Means Testing | 0 Comments
One of the first questions most of my Chapter 13 bankruptcy clients ask is, “How much will I have to pay the Chapter 13 bankruptcy Trustee?”
The answer isn’t always simple. Generally speaking, there are four primary ways this payment is determined.
If you liked that post, then try these…The “Check is in the Mail” Case by [...]
By Däna Wilkinson, Attorney at Law
closeAuthor: Däna Wilkinson, Attorney at Law
Name: Däna Wilkinson, Attorney at Law
Email: danawilkinson@danawilkinsonlaw.com
Site: http://www.danawilkinsonlaw.com
About: My name is Däna (pronounced “Donna”) Wilkinson, and I’ve been a bankruptcy lawyer for 20 years. I went to law school at the University of South Carolina, worked for two bankruptcy judges, and practiced for a number of years with bankruptcy boutique firms. In fact, I’ve never practiced any other kind of law.
I’m certified as a bankruptcy specialist by the South Carolina Supreme Court, which means that I’ve taken and passed a proficiency examination on bankruptcy law, devoted my practice primarily to bankruptcy for a number of years, and have continued to take classes on bankruptcy law and related issues.
In 1998 I opened my own practice, focused on representing ordinary people who find themselves overwhelmed by debt. I enjoy the work, and I like the freedom of being my own boss. One benefit is that I can focus on the needs of my clients, and craft an approach that is based on what is important to them. I don’t have a “one size fits all” mentality about what is best for my clients. My goal is to advise my clients of the options they have to deal with their financial difficulties, and whenever possible help them make a fresh start.See Authors Posts (97) on Oct 19, 2008 in Bankruptcy Cases & Legislation, Exemption Issues, Featured | 0 Comments
In this series, I’ll consider the possibility of changing some of the provisions of BAPCPA, to eliminate some of the foolishness, and promote efficiency and economy in both the court and my practice.
In Part One, I suggested eliminating the requirement for credit counseling when foreclosure is pending. Second on my wish list is a [...]
By Craig Andresen, Attorney at Law
closeAuthor: Craig Andresen, Attorney at Law
Name: Craig Andresen, Attorney at Law
Email: craig@cwalaw.com
Site: http://www.cwalaw.com
About: Helping consumers in every county in Minnesota since 1987. Call (952) 831-1995, or visit my website, to set up an initial consultation and learn how I can help you. Mention Bankruptcy Law Network when you call.See Authors Posts (89) on Oct 12, 2008 in Exemption Issues, General Bankruptcy Information | 0 Comments
In consumer bankruptcy cases where the debtor has an unresolved personal injury claim, or no-fault insurance claim, arising from an automobile accident, don’t forget to utilize all available sections of the federal bankruptcy exemptions to protect the debtor’s right to compensation. Sections 522(d)(10) and 522(d)(11) contain a veritable gold mine of exemptions which are often [...]
By L. Jed Berliner, Massachusetts Bankruptcy Attorney
closeAuthor: L. Jed Berliner, Massachusetts Bankruptcy Attorney
Name: L. Jed Berliner, Massachusetts Bankruptcy Attorney
Email: ljedberliner@gmail.com
Site: http://www.berlinerlaw.com
About: Attorney L. Jed Berliner has concentrated his law practice in bankruptcy, commercial litigation, creditors' rights and debtor's remedies since 1982, having generally practiced since 1976. He opened the Berliner Law Firm of Springfield, Massachusetts in 1988 and now practices exclusively in consumer bankruptcy and related consumer protection litigation.
Attorney Berliner received his Bachelor of Arts Degree from Cornell University in 1972, and his Juris Doctor degree from the University of Kansas in 1977. He practiced general law in northern Michigan, established a bankruptcy concentration in Boston, MA in 1982, and established his Springfield, MA practice in 1988.
Attorney Berliner is a regular and active contributor to the Bankruptcy Law Network, the Bankruptcy Roundtable, and the National Association of Consumer Bankruptcy Attorneys, three specialized consumer bankruptcy forums on the Internet, and is an informal mentor to regional practitioners. He contributed to the local rules on electronic filing rules and is recognized by his peers as an expert in consumer bankruptcy issues. He thoroughly enjoys being rated "excellent" in his client surveys.See Authors Posts (111) on May 29, 2008 in Bankruptcy Cases & Legislation, Bankruptcy Practice and Procedure, Exemption Issues, Massachusetts | 0 Comments
You have a claim against someone of an unknown amount, perhaps from a car accident. What’s the best way to protect it? The First Circuit Court of Appeals just gave us some guidance.
The case is called Barroso-Herrans v. Lugo-Mender (In re Barroso-Herrans), 2008 U.S.App. LEXIS 9729. The debtor had pending lawsuits which were valued at $4,000 [...]