(picture from University of Pennsylvania blog on regulations) The most common question I get for a long time is what happens if I do not, or cannot, pay my mortgage? If you can afford to continue paying, and are current, there is really no bankruptcy alternative. The so-called “strategic default” option is to simply stop [...]
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Bankruptcy is in the Bible. In fact, there are plenty of blog posts here on Bankruptcy Law Network about what the Bible says about debt. Kurt O’Keefe’s “Is Filing Bankruptcy a Sin?” is just one of many posts. Most of these posts discuss the Bible and the morality of bankruptcy or apply particular Biblical principles [...]
You want to protect all of your home, car, or other non-cash asset but exemptions are limited to fixed dollar amounts. The Supreme Court says you can. Exemptions are stated in fixed dollar amounts. Protecting your home can be difficult because it is hard to value. You do the best you can, but there’s always some risk that a trustee will get a [...]
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 [...]
Potential bankruptcy clients frequently ask: “My wife/husband does not want to file, if I do, is she/he required to file also?” Negative. Involuntary bankruptcy is provided for in the bankruptcy laws. It is a complex proceeding in which creditors band together to throw a corporation or individual into Chapter 7 bankruptcy so they can get [...]
You live in one county, you are considering an attorney in a different county — does it matter? Do you have to see an attorney in the same county you live? (This is part of what you might be considering when you consider who to hire. Whether the attorney needs to be in the same [...]
