Court rules 401k loan repayments cannot be used in budget on means test to determine eligibility to file bankruptcy.
Bank Accounts Frozen After Filing Bankruptcy
March 11, 2009 by · Leave a Comment
Within the past couple of years, a couple of banks have started freezing the funds in the deposit accounts of debtors when they file a Chapter 7 bankruptcy case. To my knowledge, the only two banks that are doing this are Wells Fargo Bank and Union Bank. They do this regardless of whether they are [...]
Get things in writing and get receipts
November 26, 2008 by · 2 Comments
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?
July 8, 2008 by · Leave a Comment
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 [...]
Discharging consolidated debts in bankruptcy
July 6, 2008 by · Leave a Comment
Another frequent question I get from potential clients is whether debts that they are making payments on as part of a “debt consolidation” program are dischargeable in a bankruptcy case. In fact, I’ve had numerous people think that those aren’t even debts anymore, once they are in a repayment program, or that magically the 15 [...]
Can You Only Bankrupt Certain Debts and Keep Others?
July 2, 2008 by · 1 Comment
Whether you can discharge (bankrupt) specific debts and keep others is a question that over the years I get asked repeatedly. Actually, strangely enough, clients don’t ask it as a question. They state it as if it were completely possible. “I want to get rid of my large debts and keep the small ones”. After [...]
The Warning Signs of Bankruptcy
July 2, 2008 by · Leave a Comment
Since the vast majority of people who seek to file bankruptcy wait too long before obtaining legal advice, it is important to know what some of the warning signs are that should prompt one to at least have a consultation with a qualified bankruptcy attorney. The following are some guidelines set forth by the Association [...]
