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Bankruptcy Petition Preparers: A Really Bad Idea

by Russell A. DeMott, Charleston Bankruptcy Lawyer

  Bankruptcy Petition Preparers.  Should you hire one? Let’s face it.  Folks with financial problems aren’t exactly flush with cash. So it’s tempting to cut corners in purchasing legal advice and to opt for the services of a bankruptcy petition preparer. But as with most things, you get what you pay for. Preparers really can’t–at [...]

Bankruptcy Trustees: How to Keep them from Getting Verklempt

by Russell A. DeMott, Charleston Bankruptcy Lawyer

Filing bankruptcy cases means–very soon after the case has been filed–dealing with bankruptcy trustees.  I’ve practiced bankruptcy law for fifteen years now, and one thing I’ve learned about bankruptcy trustees is that they are all different.  No two ask for exactly the same documents.  And no two want things done exactly the same way.  They [...]

Bankruptcy Appellate Panel Gets Student Loan Test Right

by Russell A. DeMott, Charleston Bankruptcy Lawyer

Bankruptcy lawyers and their clients are plagued by the Brunner test when trying to discharge student loans. While the Bankruptcy Code says that student loans may be discharged if the debtor shows “undue hardship,” the Brunner test provides that student loans may only be discharged if the debtor shows: (1) inability, at his current level [...]

How Much Does Bankruptcy Cost?

by Karen Oakes, Southern Oregon Bankruptcy Attorney

How much will it cost me should not be the first question asked when a debtor calls a bankruptcy attorney. Costs can vary by state and by the difficulty of a bankruptcy case. Attorney fees are a necessary expense in bankruptcy, along with the filing fee, credit counseling class.

Homestead Exemptions if You’re “Livin’ in a Van Down by the River”

by Russell A. DeMott, Charleston Bankruptcy Lawyer

When you file bankruptcy, you claim “exemptions” in property you wish to keep free of any claims of the bankruptcy trustee.  And the “homestead” exemption–the exemption used to protect your home–is the most important exemption for many debtors. But what if your home is the movable kind?  And I’m not just talking about mobile homes [...]