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 [...]
title 11
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, [...]
Reaffirming is the only way to remain liable on a debt that is otherwise dischargeable in a Chapter 7 bankruptcy. At least in Michigan, signing a reaffirmation agreement is never a good idea, unless the bank is changing the terms to your advantage. If you keep up the taxes and insurance, and make the payments, [...]
You filed for Chapter 13 bankruptcy. Your Plan finally got confirmed, and you’ve been cruising along blissfully ever since. But what happens if there’s a bump in the road and you need to change course midway through your case? Your Chapter 13 Plan is a living, breathing instrument. It’s filed and confirmed, but that doesn’t [...]
Every bankruptcy attorney knows that the process can put tremendous strain on family relationships. But a recent South Carolina case demonstrates that bankruptcy coupled with an unreasonable chapter 13 plan can also bring a family together, although probably not in the way the husband and wife debtors had in mind. In the case of In [...]
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 [...]
