insolvency law

Chapter 7 Trustees are Wolverines

by Russell A. DeMott, Charleston Bankruptcy Lawyer

Explaining the differences between Chapter 7 and Chapter 13 bankruptcy can be difficult.  There are the obvious ones: Chapter 7 doesn’t involve payments to creditors, and Chapter 13 does.  And you can cure your mortgage arrears in Chapter 13 but not in Chapter 7. And there are many others. But what about the differences in [...]

Advice for Creditors on Reaffirmation Agreements

by Russell A. DeMott, Charleston Bankruptcy Lawyer

Yes, you read it right.  This is about giving creditors advice about reaffirmation agreements.  It just might be a first here at Bankruptcy Law Network.  But it’s occurred to me that creditors deserve some help from time to time.  So why not? The reaffirmation provisions are hopelessly flawed Before 2005 reaffirmation was simple.  The debtor [...]

The Truth About Chapter 11

by Kurt O'Keefe, Attorney at Law

You may run an incorporated, or, unincorporated, small business. A corporation that wants to keep operating has to file for Chapter 11 to get bankruptcy relief. Individuals may file also;  you do not have to be a corporation to file for Chapter 11. You may own and rent a bunch of houses, operate a store, [...]

A recent New York Times article, Foreclosed Homeowners Go to Court on Their Own,  begins: ALBUQUERQUE — Saving your home from foreclosure is increasingly a do-it-yourself project. The article features an hour-long workshop started in my state of New Mexico by the nonprofit Fair Lending Center, a legal aid group. I applaud the workshops, and [...]

Bankruptcy and Emotions

by Russell A. DeMott, Charleston Bankruptcy Lawyer

Keep your emotions in check when dealing with your financial problems.  No one wants to file bankruptcy, but sometimes it’s your only meaningful option. “I don’t want to file bankruptcy,” a client said to me the other day.  “No one does,” I replied.  I explained that any good bankruptcy lawyer will explain non-bankruptcy options—like debt [...]

Bankruptcy, Balance Sheets, and Fred

by Russell A. DeMott, Charleston Bankruptcy Lawyer

Filing bankruptcy if you have an interest in a corporation or a limited liability company requires some extra work for you and your bankruptcy lawyer.  Preparing an accurate balance sheet listing the company’s assets and debts is a critically important part of this process. As we’ve written before, just because you file bankruptcy doesn’t mean [...]