Recent Articles
By Kevin Gipson, New Orleans Bankruptcy Attorney
closeAuthor: Kevin Gipson, New Orleans Bankruptcy Attorney
Name: Kevin Gipson, New Orleans Bankruptcy Attorney
Email: gipsonk@gmail.com
Site: http://www.kevingipson.com
About: Kevin Gipson is a consumer bankruptcy law attorney practicing in the Greater New Orleans area. He has been representing consumer debtors for over 22 years.
He is licensed to practice in all state and federal courts in the State of Louisiana.
Kevin is a sole practitioner so you know that your debt matters are being handled by him personally.
He is a member of the Louisiana Bar Association, National Association of Consumer Bankruptcy Attorneys, the Bankruptcy Law Network, Credit Law Network, Debt Law Network, and Mortgage Law Network.See Authors Posts (93) on Jun 24, 2009 | In Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, General Bankruptcy Information | No Comments »
Should you file a Chapter 7 bankruptcy or a Chapter 13 bankruptcy?
The answer to the question of what type of bankruptcy to file is that it depends on your financial circumstances.
A Chapter 7 bankruptcy and a Chapter 13 bankruptcy are really designed for two different types of debt situations. Read the rest »
By Michael G. Doan, San Diego Bankruptcy Attorney
closeAuthor: Michael G. Doan, San Diego Bankruptcy Attorney
Name: Michael Doan
Email: mike@doanlaw.com
Site: http://www.doanlaw.com
About: Helping consumers in the following counties of California: San Diego, Imperial, Orange, Riverside, San Bernardino, Los Angeles, and Ventura. Call (800) 380-DOAN or visit my website at doanlaw.com to set up an initial consultation and to learn how I can help you. Mention Bankruptcy Law Network when you call.
San Diego Bankruptcy Attorney Michael G. Doan graduated from the University of San Diego with a Bachelor of Accountancy, earning departmental honors. He then entered California Western School of Law, earning his Jurist Doctorate.
Michael is admitted to the State Bar of California, the American Bar Association, as well as the San Diego County Bar Association and the North County Bar Association.
Other professional affiliations include:
National Bankruptcy Institute
Association of Trial Lawyers of America
Consumer Attorneys of San Diego
National Association of Consumer Bankruptcy Attorneys
American Bankruptcy Institute
North County Attorney Referral Service
and The San Diego County Attorney Referral Service
Michael is admitted to practice law in the Supreme Court of California, all Federal Courts of Appeals for the Ninth Circuit, and all Federal District Courts in the Southern and Central Districts of California.
He is a skilled Bankruptcy attorney with twelve years experience practicing in the fields of real estate, bankruptcy, personal injury, estate planning, contracts, worker's compensation, and tax and debt negotiation.
He is also a licensed Mortgage Broker and Realtor with membership in the San Diego Association of Realtors and President of a full-service real estate company, First Platinum Properties.
Currently, Michael is concentrating his practice solely in Bankruptcy Law and is a Board Certified Specialist in Consumer Bankruptcy Law by the American Board of Certification, one of only eight such attorneys in all of California.
To date, he has filed over 5,000 consumer bankruptcy cases. He has also has been published in both the Ninth Circuit Court of Appeals and the Ninth Circuit Bankruptcy Appellate Panel.
Mr. Doan also practices bankruptcy on the cutting edge, being the first attorney in the Southern District of California to file the first Chapter 7 Bankruptcy and Chapter 13 Bankruptcy under the new Bankruptcy Laws.
Michael G. Doan has successfully completed The American Board of Certification requirements for national certification in consumer bankruptcy law.
To become certified, Southern California Bankruptcy Attorney Micheal G. Doan satisfied the following requirements:
Full time practice of law for at least five years
Documented involvement in consumer bankruptcy by providing information on cases practiced
Demonstrated commitment to continuing legal education by earning at least 60 hours of bankruptcy education in the past three years
Passed an extensive, day-long written examination covering consumer bankruptcy issues
The American Board of Certification is a non-profit organization dedicated to serving the public and improving the quality of the bankruptcy bar. The rigorous certification standards are designed to encourage bankruptcy practitioners to strive toward excellence and to recognize those attorneys who are experts in the bankruptcy field. The certification program is accredited by the American Bar Association.
The American Board of Certification is co-sponsored by the American Bankruptcy Institute and the Commercial Law League of America. The ABC Board of Directors consists of many of the nation's finest bankruptcy and creditors' rights lawyers, former judges, and law professors.
mike@doanlaw.com
2850 Pio Pico Drive, Suite D
Carlsbad, CA 92008
phone: 760.450.3333
fax: 760.720.6082
(800) 380-DOAN
www.doanlaw.comSee Authors Posts (102) on Jun 24, 2009 | In Bankruptcy Cases & Legislation, Bankruptcy Practice and Procedure, California, Chapter 13 Bankruptcy, Discharge of Debt, General Bankruptcy Information | No Comments »
The United States District Court located in San Diego recently issued an opinion on December 10, 2008, holding that student loans may be discharged in chapter 13 bankruptcy cases where the creditor fails to object after receiving proper notice. Other cases around the country are also holding the same and the United States Supreme Court will be deciding a similar case this year. Read the rest »
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 Jun 24, 2009 | In Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy, Featured, Massachusetts | No Comments »
What happens when you cannot make your Chapter 13 payments due to unexpected bills? A furnace goes, or a car breaks down, or you get sick or hurt. What then?
There are a number of options. None of them are “Keep this secret from your lawyer!”
You can ask for a suspension, or moratorium of payments and catch up by adding months to the end of your plan if your original plan was for less than 60 months, or you can increase the remaining payments if not. You can modify your plan to reduce the dividend to the unsecured creditors or to surrender a now-broken car. You can seek a Chapter 13 hardship discharge or you can convert to Chapter 7. Under the right circumstances, you can even ask permission to borrow additional money.
Each alternative has pros and cons which may or may not be appropriate for your situation. But there are options.
Do not keep your struggles a secret from your lawyer. There will be a motion to dismiss or motion for relief from stay (to begin foreclosure) soon enough, making the challenge more difficult for your attorney than if you had said something when the troubles began.
By Susanne Robicsek, North Carolina Bankruptcy Attorney
closeAuthor: Susanne Robicsek, North Carolina Bankruptcy Attorney
Name: Susanne Robicsek, North Carolina Bankruptcy Attorney
Email: NCBankruptcyLawyer@gmail.com
Site: http://www.robicsek.com
About: Concentrating in Consumer Bankruptcy Law since 1988;
Wake Forest Law School JD 1987
Law Office of Susanne M. Robicsek since 1993,
Law Clerk to Judge Rufus Reynolds, US Bankruptcy Judge for Middle District of NC; Burns Price & Arneke, PA, David Badger and Associates, PA.See Authors Posts (125) on Jun 23, 2009 | In Bankruptcy Protection & Automatic Stay, Chapter 13 Bankruptcy, Debts Not Dischargeable, Discharge of Debt, Florida, North Carolina | No Comments »
Filing Chapter 7 bankruptcy will stop collection efforts of your creditors, however that relief may be temporary if your debts are of the kind that are not discharged in bankruptcy.
Some debts, like student loans, child support, many taxes, and a few others, are not discharged by bankruptcy. However you may experience some relief from their collection for the few months a Chapter 7 is open.
Upon filing of Chapter 7 bankruptcy, an automatic stay is put into place that keeps all of your creditors from taking action against you, but the automatic stay will end when you get your Discharge. Read the rest »
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 Jun 23, 2009 | In Debts Not Dischargeable, Small Business and Self-Employment | No Comments »
My client’s business corporation is long dead and he’s back to working for others. But six quarters of unpaid corporate payroll taxes not only become his personal debt, but a tax that is never dischargeable in bankruptcy and a priority claim which must be paid in his Chapter 13 case.
It is so tempting for the small business person: pay the employees their take home pay, and put off paying the IRS the money withheld from the employee’s check . The business gets a little extra cash flow, without having to arrange a loan. Only the IRS sees it as theft.
The IRS will give the employee credit for the income tax withheld from his check, whether or not the employer ever actually sends that part of his earnings to the IRS. The IRS puts the onus on the employer who used that money to keep the business afloat. When the employer is a corporation, the law makes anyone who could sign a check on the corporation’s account potentially responsible for those missing funds.
Small business folks are the most energetic, optimistic, tenacious people around. They find it tempting to put off settling up with the IRS. They forget that something like 9 out of every 10 small businesses fail within 5 years, but the tax burden for payroll taxes lives on.
By Susanne Robicsek, North Carolina Bankruptcy Attorney
closeAuthor: Susanne Robicsek, North Carolina Bankruptcy Attorney
Name: Susanne Robicsek, North Carolina Bankruptcy Attorney
Email: NCBankruptcyLawyer@gmail.com
Site: http://www.robicsek.com
About: Concentrating in Consumer Bankruptcy Law since 1988;
Wake Forest Law School JD 1987
Law Office of Susanne M. Robicsek since 1993,
Law Clerk to Judge Rufus Reynolds, US Bankruptcy Judge for Middle District of NC; Burns Price & Arneke, PA, David Badger and Associates, PA.See Authors Posts (125) on Jun 22, 2009 | In Bankruptcy Protection & Automatic Stay, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy | No Comments »
Courts may grant a Motion for Relief from Stay in a Chapter 7 if it was filed because a debtor is behind on the mortgage when filed, and there is no equity in the property for creditors. Chapter 7 is not designed to stop foreclosures to give people time to catch up on their mortgages. That is what Chapter 13 bankruptcy is for. However, a motion for relief is often denied to stop a foreclosure to give a Chapter 7 Trustee time to sell property with equity that will go to pay creditors. That situation is if there is non-exempt equity in the property.
In a Chapter 7, the “Automatic Stay” (like a restraining order) prevents creditors from doing anything to collect a debt. The Chapter 7 automatic stay is a limited stay that ends a few months after filing Chapter 7 bankruptcy anyway. Therefore fighting to keep it in place only keeps it in place temporarily, even if the motion is denied. When granted, the borrower is still protected under state laws and foreclosures don’t occur if you are not in default. Therefore catching up the mortgage is the most important thing to do if you want to prevent foreclosure.
Whether or not you should file a response in your particular case is something that you should speak to your attorney about since each case is different and reasons to respond vary.
By David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney
closeAuthor: David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney
Name: David Leibowitz
Email: dleibowitz@lakelaw.com
Site: http://www.lakelaw.com
About: David Leibowitz holds a B. A. in Economics from Northwestern University and received his J.D., cum laude, from Loyola University of Chicago School of Law where he also served as Note Editor of the law review. Admitted to the Illinois and Wisconsin bars, he is the managing member of Lakelaw, an interstate law firm with offices in Chicago, Skokie and Waukegan in Illinois and Kenosha and La Crosse in Wisconsin.
He is nationally recognized for his work in identifying and pursuing mortgage related claims in the context of bankruptcy. He is presently writing "Leibowitz' Guide to Mortgage Modifications" to be published shortly after Congress amends the Bankruptcy Code. David is a member of both the Illinois and Wisconsin bars and has practiced in bankruptcy courts throughout the country. He is a member of the American Bankruptcy Institute where he is the Special Projects Coordinator for the Commercial Fraud Task Force and a frequent contributor to the ABI Journal. He is also a member of the National Association of Bankruptcy Trustees, the National Association of Consumer Bankruptcy Attorneys and numerous state and local bar associations. He is Board Certified by the American Board of Certification in both Consumer Bankruptcy Law and Business Bankruptcy Law.See Authors Posts (46) on Jun 22, 2009 | In General Bankruptcy Information | No Comments »
Clients frequently ask us if they must be a citizen of the United States to file a bankruptcy case in the United States. No - you don’t have to be a citizen to file a bankruptcy case in the United States.
You do have to be a resident of the place where you plan to file your bankruptcy case for the greatest part of the last 180 days. This usually means that you have lived someplace just over 3 months unless you have been moving around a lot.
Another way you could file a bankruptcy case in the United States is if you own property in the place where you are plan to file. The reason for this is that bankruptcy jurisdiction derives from property - it’s called “in rem” jurisdiction. Don’t worry about legal formalities here.
You really need a bona fide residence to file a bankruptcy case in the United States if your case is based on residency and not property. Read the rest »
By Michael G. Doan, San Diego Bankruptcy Attorney
closeAuthor: Michael G. Doan, San Diego Bankruptcy Attorney
Name: Michael Doan
Email: mike@doanlaw.com
Site: http://www.doanlaw.com
About: Helping consumers in the following counties of California: San Diego, Imperial, Orange, Riverside, San Bernardino, Los Angeles, and Ventura. Call (800) 380-DOAN or visit my website at doanlaw.com to set up an initial consultation and to learn how I can help you. Mention Bankruptcy Law Network when you call.
San Diego Bankruptcy Attorney Michael G. Doan graduated from the University of San Diego with a Bachelor of Accountancy, earning departmental honors. He then entered California Western School of Law, earning his Jurist Doctorate.
Michael is admitted to the State Bar of California, the American Bar Association, as well as the San Diego County Bar Association and the North County Bar Association.
Other professional affiliations include:
National Bankruptcy Institute
Association of Trial Lawyers of America
Consumer Attorneys of San Diego
National Association of Consumer Bankruptcy Attorneys
American Bankruptcy Institute
North County Attorney Referral Service
and The San Diego County Attorney Referral Service
Michael is admitted to practice law in the Supreme Court of California, all Federal Courts of Appeals for the Ninth Circuit, and all Federal District Courts in the Southern and Central Districts of California.
He is a skilled Bankruptcy attorney with twelve years experience practicing in the fields of real estate, bankruptcy, personal injury, estate planning, contracts, worker's compensation, and tax and debt negotiation.
He is also a licensed Mortgage Broker and Realtor with membership in the San Diego Association of Realtors and President of a full-service real estate company, First Platinum Properties.
Currently, Michael is concentrating his practice solely in Bankruptcy Law and is a Board Certified Specialist in Consumer Bankruptcy Law by the American Board of Certification, one of only eight such attorneys in all of California.
To date, he has filed over 5,000 consumer bankruptcy cases. He has also has been published in both the Ninth Circuit Court of Appeals and the Ninth Circuit Bankruptcy Appellate Panel.
Mr. Doan also practices bankruptcy on the cutting edge, being the first attorney in the Southern District of California to file the first Chapter 7 Bankruptcy and Chapter 13 Bankruptcy under the new Bankruptcy Laws.
Michael G. Doan has successfully completed The American Board of Certification requirements for national certification in consumer bankruptcy law.
To become certified, Southern California Bankruptcy Attorney Micheal G. Doan satisfied the following requirements:
Full time practice of law for at least five years
Documented involvement in consumer bankruptcy by providing information on cases practiced
Demonstrated commitment to continuing legal education by earning at least 60 hours of bankruptcy education in the past three years
Passed an extensive, day-long written examination covering consumer bankruptcy issues
The American Board of Certification is a non-profit organization dedicated to serving the public and improving the quality of the bankruptcy bar. The rigorous certification standards are designed to encourage bankruptcy practitioners to strive toward excellence and to recognize those attorneys who are experts in the bankruptcy field. The certification program is accredited by the American Bar Association.
The American Board of Certification is co-sponsored by the American Bankruptcy Institute and the Commercial Law League of America. The ABC Board of Directors consists of many of the nation's finest bankruptcy and creditors' rights lawyers, former judges, and law professors.
mike@doanlaw.com
2850 Pio Pico Drive, Suite D
Carlsbad, CA 92008
phone: 760.450.3333
fax: 760.720.6082
(800) 380-DOAN
www.doanlaw.comSee Authors Posts (102) on Jun 21, 2009 | In Bankruptcy Cases & Legislation, Bankruptcy Practice and Procedure, California, Chapter 13 Bankruptcy, General Bankruptcy Information | No Comments »
The Southern District of California Bankruptcy Court in San Diego recently issued a ruling that allowed a junior lien to be removed in a Chapter 13 case, even though the debtor was not eligible to obtain a discharge. Discharge was not available since the debtor previously filed a chapter 7 petition and the new bankruptcy laws prevented a subsequent discharge within 8 years of that filing in another chapter 7 or 4 years in a chapter 13. Nevertheless, repeat filings without discharge are possible and often referred to as “chapter 20″ cases. Despite NO DISCHARGE, liens can still be eliminated in these cases!
Read the rest »
By David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney
closeAuthor: David Leibowitz, Illinois and Wisconsin Bankruptcy Attorney
Name: David Leibowitz
Email: dleibowitz@lakelaw.com
Site: http://www.lakelaw.com
About: David Leibowitz holds a B. A. in Economics from Northwestern University and received his J.D., cum laude, from Loyola University of Chicago School of Law where he also served as Note Editor of the law review. Admitted to the Illinois and Wisconsin bars, he is the managing member of Lakelaw, an interstate law firm with offices in Chicago, Skokie and Waukegan in Illinois and Kenosha and La Crosse in Wisconsin.
He is nationally recognized for his work in identifying and pursuing mortgage related claims in the context of bankruptcy. He is presently writing "Leibowitz' Guide to Mortgage Modifications" to be published shortly after Congress amends the Bankruptcy Code. David is a member of both the Illinois and Wisconsin bars and has practiced in bankruptcy courts throughout the country. He is a member of the American Bankruptcy Institute where he is the Special Projects Coordinator for the Commercial Fraud Task Force and a frequent contributor to the ABI Journal. He is also a member of the National Association of Bankruptcy Trustees, the National Association of Consumer Bankruptcy Attorneys and numerous state and local bar associations. He is Board Certified by the American Board of Certification in both Consumer Bankruptcy Law and Business Bankruptcy Law.See Authors Posts (46) on Jun 21, 2009 | In General Bankruptcy Information | No Comments »
Clients frequently face debts from countries other than the United States. If you file a bankruptcy case in the United States, what is the effect on your debts from overseas?
We tell clients not to worry too much about this. First of all, it takes some effort for a foreign creditor to make its judgment enforceable in the United States. Some states might allow for “domestication” of judgments easily and others might not.
Nevertheless, a discharge in bankruptcy will wipe out all judgments against you whether they arose here in the United States or someplace else. This means that judgment creditor may not collect this judgment against you in the United States after your discharge. If it does, you could sue them for the violation of the discharge injunction. You may have other remedies too.
This does not mean that you are “home free.” If you were to move back to the country where the judgment arose, let’s say Scotland for example, your United States bankruptcy discharge would not affect the validity of the judgment in Scotland. You would have to seek bankruptcy in the foreign country under the foreign country’s laws in order to protect yourself there. So, more realistically, if you have claims against you in neighboring countries like Mexico or Canada, you’d have to address your rights under Mexican or Canadian bankruptcy law if you planned to move back there to protect yourself against claims arising in your home country.
This leads us to another important point. You need not be a citizen of the United States in order to file a bankruptcy case in the United States. Tune in tomorrow for a new post on citizenship and bankruptcy.
Lakelaw helps people from all over the world file bankruptcy cases in Illinois and Wisconsin.
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 Jun 20, 2009 | In Bankruptcy Practice and Procedure, Massachusetts, Means Testing | No Comments »
Creditors can argue that your case should be dismissed for abuse, a term not defined in the Bankruptcy Code; It generally means that you’ve been a bad boy. There’s a presumption of abuse when you flunk the Means Test and show that you have means to pay some of your debt. Abuse might also exist if you’ve hidden assets.
A losing creditor might have to pay your attorney fees for the defense, if the creditor (1) really had an improper purpose, such as delay, harassment, or an increase of your attorney fees, (2) argued without legal support or reasonable grounds to attempt to change existing law, or (3) argued without factual support, even after an investigation. The creditor can also be forced to pay your fees if it files too many papers which vexatiously multiply the proceedings.
Good luck. Don’t be afraid to use this weapon and stop a bullying creditor from preventing your achievement of a fresh start.