Bankruptcy: Waiting Too Long to File Your Case

Waiting too long to file bankruptcy can have dire consequences.

What if you forget to list a creditor in your bankruptcy?

what happens if you accidentally omit a creditor from your bankruptcy filing?

Does Filing CH. 13 Bypass the Means Test?

Does filing Chapter 13 instead of Chapter 7 alleviate the requirement of the means test?

Are Student Loans Counted as Part of Chapter 13 Debt Limits?

An individual can file a Chapter 13 case if they have noncontingent, liquidated unsecured debts LESS than $336,900 and noncontingent, liquidate secured debts of LESS than $1,010,650. (these amounts are adjusted every few years) Student loan debt, as with ANY debt, factors into the debt limits for Chapter 13 under 11 USC 109(e). A client [...]

Attorneys Fees Awarded in Divorce: Are they Dischargeable?

Are attorney’s fees awarded in a divorce dischargeable in a bankruptcy case?

New Bankruptcy Mortgage Modification Dropped

The new bankruptcy mortgage modification plan has been, or is expected to shortly be, dropped from its agenda.

Debt Consolidation or Bankruptcy: Which is Better?

One of the most frequent questions bankruptcy attorneys are asked by potential clients is whether they should file bankruptcy, or use a debt consolidation company to make payments towards their debts.   For those lucky debtors who qualify for Chapter 7 (which requires no repayment of debts but allows in most cases for discharge of all [...]

SB 61: Eliminate Mortgage Liens in Chapter 13

On January 6, 2009, Senator Dick Durbin (D, IL) introduced Senate Bill 61 called the “Helping Families Save Their Homes in Bankruptcy Act of 2009.”   The bill has several provisions, which can be analyzed by following the above link, but the main purpose of the bill is to allow homeowners in a Chapter 13 bankruptcy [...]

Get things in writing and get receipts

If there’s one thing lawyers in general repeatedly see from their clients–in any field of law–it’s the lack of proof or evidence necessary to properly represent them or assist in solving their problems. This is as true for a contracts attorney whose client insists is the victim of a breach of an oral contract with [...]

How much debt do you need to go bankrupt?

bills

A question I have been repeatedly asked over the years from my potential bankruptcy clients is: How much debt do they need before they can declare bankruptcy? I have found that this question has different intent and meaning to different people. For example, some people think that there actually is a minimum amount of debt [...]