IRS to Chapter 13 Debtors: File Your Returns by February 5!

by Russell A. DeMott, Charleston Bankruptcy Lawyer
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We all know that individual tax returns are due on April 15 (or a day or two later if April 15 is on a weekend).  But Congress inserted a little tax time craziness into sections 1308 and 1307 of the new and drastically unimproved Bankruptcy Code of 2005.  Section 1308(a) states: (a) Not later than [...]

Hey, Mr. Postman Is That A Lawsuit?

by Cathy Moran, California Bankruptcy Lawyer
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The mail carrier brings a envelop with official looking papers that name you in a law suit.  It says something about U.S. Bankruptcy Court. So what?  you think.  It’s not official til I’m served with papers by a human being.  Due process and all… Think again.  One of the unique features of  Title 11  is [...]

Foreclosure Scary: Can Bankruptcy Save My House?

by Kurt O'Keefe, Attorney at Law
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Bankruptcy!  I don’t want to file bankruptcy! Hey, if you do want to file, there is something wrong with you. But you want to keep your house?  Avoid foreclosure? Which option hurts more:  losing your home, or, filing bankruptcy? We humans make decisions based on our emotions:  we shy away (or run, if you are [...]

Resolution Mindset and Bankruptcy

by Rachel Lynn Foley, Kansas City, MO, Bankruptcy Attorney

So the new year has started.  Have you made a New Year’s resolution? If you have, how are you doing with it so far? Isn’t true that you never want something more than at the moment you make the  determination that you are going to avoid something? It makes no difference if it is pop, [...]

Too Proud to File Bankruptcy? Think Again.

by Craig Andresen, Minneapolis, MN, Bankruptcy Attorney

Most persons with debt problems are, at least intially, highly resistant to the idea of filing for bankruptcy.  Filing chapter 7 or chapter 13 is often viewed as taking the easy way out, or looked at as a good way to ruin one’s future credit rating, or as a moral failing best to be avoided.  [...]

Bankruptcy Fundamentals: Discharge After Prior Bankruptcy Filings

by Adrian Lapas, Eastern North Carolina Bankruptcy Attorney

Recently, I had cause to go back to re-visit some of the provisions in the Bankruptcy Code relating to when a discharge is entered.  Since this is the start of a New Year, perhaps a review of some basics is in order. For a chapter 7 case, the operable statute is 11 U.S.C. § 727.  [...]