united states bankruptcy law

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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 [...]

The Truth About Lease Reaffirmation

by Kurt O'Keefe, Attorney at Law

    Leases are their own animal under the bankruptcy code. They are neither secured debt, nor unsecured debt. They get their very own schedule, schedule G. And the Bankruptcy Code provides that leases can be assumed or rejected. Rejection, as you might have guessed, means nope, not interested, take your leased property back, don’t [...]

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, [...]

Reaffirming A Mortgage?

by Kurt O'Keefe, Attorney at Law

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, [...]

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 [...]