Category: Exemption Issues
By Karen Oakes, Southern Oregon Bankruptcy Attorney
closeAuthor: Karen Oakes, Southern Oregon Bankruptcy Attorney
Name: Karen Oakes, Southern Oregon Bankruptcy Attorney
Email: oakeslaw@gmail.com
Site: http://www.oakeslawoffice.com
About: Helping consumers in the following counties of Oregon: Klamath; Lake; Jackson; Josephine; Curry; Deschutes; and others. Call 541-273-1650 or visit my website to set up an initial consultation and to learn how I can help you. Mention Bankruptcy Law Network when you call.See Authors Posts (95) on Jun 29, 2009 in Bankruptcy Practice and Procedure, Exemption Issues, Small Business and Self-Employment | 0 Comments
On Friday, June 26, 2009, Governor Ted Kulongski signed HB 2306, which provides increased protection for a debtor to protect his vehicle and his home from creditors. Formerly, a debtor could protect $2150 in value of a motor vehicle. The bill amends Oregon Revised Statute 18.345(d) motor vehicle exemption value up to $3000. Oregon has [...]
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 (130) on Jun 26, 2009 in Exemption Issues, General Bankruptcy Information, New York | 0 Comments
Your homestead exemption is one of the most important benefits you get when you file for bankruptcy. It protects your residence. In New York, you can protect up to $50,000 of equity in your home, $100,000 if you file together with your spouse.
You usually get to take the homestead exemption if the property is [...]
By Karen Oakes, Southern Oregon Bankruptcy Attorney
closeAuthor: Karen Oakes, Southern Oregon Bankruptcy Attorney
Name: Karen Oakes, Southern Oregon Bankruptcy Attorney
Email: oakeslaw@gmail.com
Site: http://www.oakeslawoffice.com
About: Helping consumers in the following counties of Oregon: Klamath; Lake; Jackson; Josephine; Curry; Deschutes; and others. Call 541-273-1650 or visit my website to set up an initial consultation and to learn how I can help you. Mention Bankruptcy Law Network when you call.See Authors Posts (95) on Jun 25, 2009 in Bankruptcy Myths, Benefits of Bankruptcy, Exemption Issues, General Bankruptcy Information, Oregon, Your Bankruptcy Attorney & You | 0 Comments
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 [...]
By Eugene S. Melchionne, Connecticut Bankruptcy Lawyer
closeAuthor: Eugene S. Melchionne, Connecticut Bankruptcy Lawyer
Name: Eugene S. Melchionne, Connecticut Bankruptcy Lawyer
Email: eugene.melchionne@bankruptcylawnetwork.com
Site: http://www.ctbankruptcy.com/
About: Mr. Melchionne is a graduate of The University of Connecticut (BA 1977) and Drake University School of Law (JD 1980) where he received the American Jurisprudence Award for academic excellence. Most recently, Mr. Melchionne was appointed to the Commission on Mortgage Foreclosures by Connecticut Supreme Court Chief Justice Chase Rogers to recommend changes to procedures to protect consumers in the Connecticut Courts in foreclosure 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 liaison between the national organization and Connecticut attorneys who are members of the Association.See Authors Posts (84) on May 24, 2009 in Bankruptcy Cases & Legislation, Benefits of Bankruptcy, Connecticut, Exemption Issues | 0 Comments
Since July 1, 2007, Connecticut has recognized a $3,500.00 exemption in automobiles. Many websites out there (including some maintained by Connecticut lawyers) miss the fact that the exemption amount increased from $1,500.00 to $3,500.00 mearly two years ago.
An exemption in an automobile (or truck) is calculated by taking the market value of the vehicle and [...]
By Nicholas Ortiz, Boston Bankruptcy Attorney
closeAuthor: Nicholas Ortiz, Boston Bankruptcy Attorney
Name: Nicholas Ortiz, Boston Bankruptcy Attorney
Email: nfo@mass-legal.com
Site: http://www.bkmass.com/
About: Helping consumers and small businesses in the following counties of Massachusetts: Suffolk; Norfolk; Essex; Middlesex; Plymouth; Bristol; Barnstable; Dukes; Nantucket. Visit my website www.bkmass.com to set up an initial consultation and to learn how I can help you. Mention Bankruptcy Law Network when you callSee Authors Posts (145) on May 22, 2009 in Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Exemption Issues, Massachusetts | 0 Comments
People are often worried about whether they can keep their car in bankruptcy. This makes sense because in places without pervasive public transportation people need cars to get to work, take their kids to school, etc. There are a few key points about cars to remember.
1. In a Chapter 13 case you never [...]
By Wendell Sherk, Missouri Attorney
closeAuthor: Wendell Sherk, Missouri Attorney
Name: Wendell Sherk, Missouri Attorney
Email: wjsherk@alum.wustl.edu
Site: http://www.stlbankruptcy.com
About: I have been a bankruptcy attorney since 1989. Our firm represents consumers filing bankruptcy almost exclusively. My partner and I have each represented bankruptcy trustees as well as creditors. If you live in Eastern Missouri, visit our website, send an e-mail or give us a call (314) 781-3400. Please mention Bankruptcy Law Network.See Authors Posts (106) on May 20, 2009 in Bankruptcy Cases & Legislation, Chapter 7 Bankruptcy, Exemption Issues, Missouri | 0 Comments
Using revocable living trusts to avoid probate has become more popular recently. But the impact of such trusts in bankruptcy makes some relatively simple cases much more complex - especially in states that recognize tenancy by the entirety.
A tenancy by the entirety (TBE) is an ancient way of owning property between a married couple. In [...]
By Nicholas Ortiz, Boston Bankruptcy Attorney
closeAuthor: Nicholas Ortiz, Boston Bankruptcy Attorney
Name: Nicholas Ortiz, Boston Bankruptcy Attorney
Email: nfo@mass-legal.com
Site: http://www.bkmass.com/
About: Helping consumers and small businesses in the following counties of Massachusetts: Suffolk; Norfolk; Essex; Middlesex; Plymouth; Bristol; Barnstable; Dukes; Nantucket. Visit my website www.bkmass.com to set up an initial consultation and to learn how I can help you. Mention Bankruptcy Law Network when you callSee Authors Posts (145) on May 20, 2009 in Exemption Issues, Massachusetts | 0 Comments
Here in Massachusetts, most people can keep their entire tax refund in bankruptcy. It is important to note that one never loses property in a Chapter 13 case. This is the case because Chapter 13 is a reorganization chapter while Chapter 7 is the chapter that requires the liquidation of non-exempt property.
In a [...]
By Nicholas Ortiz, Boston Bankruptcy Attorney
closeAuthor: Nicholas Ortiz, Boston Bankruptcy Attorney
Name: Nicholas Ortiz, Boston Bankruptcy Attorney
Email: nfo@mass-legal.com
Site: http://www.bkmass.com/
About: Helping consumers and small businesses in the following counties of Massachusetts: Suffolk; Norfolk; Essex; Middlesex; Plymouth; Bristol; Barnstable; Dukes; Nantucket. Visit my website www.bkmass.com to set up an initial consultation and to learn how I can help you. Mention Bankruptcy Law Network when you callSee Authors Posts (145) on May 19, 2009 in Exemption Issues, Massachusetts | 0 Comments
In states that haven’t opted out of the federal exemptions, such as Massachusetts, there exists something referred to as the “wild card” exemption. This is a very useful exemption and what allows most bankruptcy debtors to keep all their property. Section 522(d) of the Bankruptcy Code states, in relevant part:
The following property may [...]
By Cathy Moran, California Bankruptcy Lawyer
closeAuthor: Cathy Moran, California Bankruptcy Lawyer
Name: Cathy Moran, California Bankruptcy Lawyer
Email: cathymoran@gmail.com
Site: http://www.moranlaw.net
About: I'm a certified specialist in bankruptcy law (California State Bar Board of Legal Specialization) practicing in the San Francisco Bay Area for over 25 years. My proudest professional accomplishment is authorship of Bankruptcy in Brief at www.moranlaw.net, perhaps the web's most comprehensive web site on bankruptcy basics.See Authors Posts (144) on May 14, 2009 in Bankruptcy Practice and Procedure, Exemption Issues | 0 Comments
My clients lately are so down on themselves that they insist on worrying that the bankruptcy trustee will strip them of everything, their home, their car, their consulting practice. Not so, I repeat, and repeat.
FIrst of all, the bankruptcy trustee is only interested in assets that have net equity. So, the trustee is not going [...]
By L. Jed Berliner, Massachusetts Bankruptcy Attorney
closeAuthor: L. Jed Berliner, Massachusetts Bankruptcy Attorney
Name: L. Jed Berliner, Massachusetts Bankruptcy Attorney
Email: jed@berlinerlaw.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 (140) on Apr 29, 2009 in Benefits of Bankruptcy, Exemption Issues, Massachusetts | 0 Comments
It’s possible to protect college funds (529 Plans; Educational IRAs) when filing bankruptcy. Complicated, but possible. Bankruptcy law looks at the timing of the contributions and not the current balance. Here are the rules:
1. Contributions made earlier than 720 days before a bankruptcy case is filed are fully protected.
2. Contributions later than 720 days but [...]