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Tuesday, November 18, 2008
From Bankruptcy Law Network - view blog entries - visit this blog
November 18, 2008 at 12:08 am ET
The U.S. Court of Appeals for the Eighth Circuit ruled in August 2008 that section 522(o) of the bankruptcy code allows pre-bankruptcy “exemption planning” in the manner as was allowed prior to the enactment of ... (more)

Monday, November 17, 2008
From Bankruptcy Law Network - view blog entries - visit this blog
November 17, 2008 at 10:08 pm ET
The president of Consumer Reports has taken the bold step of calling for fundamental changes in the U.S. economy.  Consumer Reports is published by Consumer Union, the world’s largest independent consumer-product-testing non-profit organization.  The do not ... (more)

From Bankruptcy Law Network - view blog entries - visit this blog
November 17, 2008 at 5:08 pm ET
In baseball, a well-known play is called the ‘walk’.  When the pitcher throws the ball outside the strike zone and the batter doesn’t swing, it is called a ‘ball‘.  Four ‘balls’ and the batter gets ... (more)

From Bankruptcy Law Network - view blog entries - visit this blog
November 17, 2008 at 5:08 pm ET
Before the 2005 bankruptcy amendments, in rem orders were a somewhat common method of thwarting serial bankruptcy filers. As one court put it: An order granting in rem relief from stay is an appropriate remedy ... (more)

Sunday, November 16, 2008
From Bankruptcy Law Network - view blog entries - visit this blog
November 16, 2008 at 7:38 pm ET
On Thursday, November 6th, the Honorable Robert L. Krechevsky, U.S. Bankruptcy Judge for the District of Connecticut, of West Hartford, died at his home.  He was appointed by President Carter as a judge of the ... (more)

From Bankruptcy Law Network - view blog entries - visit this blog
November 16, 2008 at 5:08 pm ET
The Southern District has recently changed course, lowering the amount of sanction damages against creditors that divulge social security numbers to the world.  While social security numbers must be redacted in all proof of claims ... (more)

From Bankruptcy Law Network - view blog entries - visit this blog
November 16, 2008 at 5:08 pm ET
Doan Law Firm just obtained an award against Countrywide Financial for $55,220.00 with additional sanctions of $500.00 per month for each month they fail to comply with a Bankruptcy Court Order, arising from improper conduct related to ... (more)

Saturday, November 15, 2008
From Bankruptcy Law Network - view blog entries - visit this blog
November 15, 2008 at 12:08 am ET
On October 23, 2008, the Federal Trade Commission (FTC), along with 24 state agencies, announced the commencement of “Operation Clean Sweep,” a coordinated effort aimed at the deceptive practices of so-called “credit repair” firms.  Credit ... (more)

Friday, November 14, 2008
From Bankruptcy Law Network - view blog entries - visit this blog
November 14, 2008 at 9:38 pm ET
Borrowing against your retirement to pay off credit cards and other unsecured debts may be a big mistake. South Carolina attorney Dana Wilkinson wrote an article on a new 401k debit card that is being ... (more)

From Bankruptcy Law Network - view blog entries - visit this blog
November 14, 2008 at 8:08 pm ET
I am asked this question almost every day.  The answer is YES, you have to list the creditors you are paying.  You cannot pick and choose which creditors to include in your bankruptcy.  Put another ... (more)

From Bankruptcy Law Network - view blog entries - visit this blog
November 14, 2008 at 5:09 pm ET
One of the most vexing provisions of the 2005 BAPCPA amendments is the one requiring debtors to pay their “projected disposable income” over the life of their Chapter 13 plan. For below-median income debtors, ... (more)

Thursday, November 13, 2008
From Bankruptcy Law Network - view blog entries - visit this blog
November 13, 2008 at 5:38 pm ET
CHAPTER 7: In a Chapter 7 bankruptcy case, a Debtor’s unsecured debts (usually credit cards, doctors’ bills and personal loans) are wiped out. Most people can keep their home, car and all of their belongings, ... (more)

From Bankruptcy Law Network - view blog entries - visit this blog
November 13, 2008 at 5:08 pm ET
The Associated Press is reporting that the Office of the Comptroller of the Currency, the agency with regulatory control over national banks, does not favor the bank plan to forgive up to 40 percent of ... (more)

Wednesday, November 12, 2008
From Bankruptcy Law Network - view blog entries - visit this blog
November 12, 2008 at 5:09 pm ET
Section 1325(a)(5) of the Bankruptcy Code, added as part of the 2005 BAPCPA amendments, imposed a new requirement on Chapter 13 plans. The section states, in part: “The court shall confirm a plan if [...] ... (more)

From Bankruptcy Law Network - view blog entries - visit this blog
November 12, 2008 at 5:09 pm ET
Under the BAPCPA amendments to the bankruptcy law, a presumption of abuse of Chapter 7 arises if your “median household income” exceeds the median income tables published by the United States Trustee’s office.  Although this ... (more)

From Bankruptcy Law Network - view blog entries - visit this blog
November 12, 2008 at 5:09 pm ET
Federal tax liens attach to personal property acquired by the debtor before a bankruptcy case. Federal tax liens can not be avoided in bankruptcy. 11 U.S.C. § 522(c)(2)(B). However, there are options for ... (more)

Tuesday, November 11, 2008
From Bankruptcy Law Network - view blog entries - visit this blog
November 11, 2008 at 7:23 pm ET
I have recently seen a huge increase in inquiries from people who filed for bankruptcy some time back and are now over their head in debt again wanting to know if they can file bankruptcy ... (more)

From Bankruptcy Law Network - view blog entries - visit this blog
November 11, 2008 at 5:09 pm ET
What do Microsoft founder Bill Gates, former Vice-President Dan Quayle and Greg LeMond have in common.  They are members of the ultra rich Yellowstone Club.  Oh, the Yellowstone Club filed bankruptcy.  Associated Press writer Matthew ... (more)

Monday, November 10, 2008
From Bankruptcy Law Network - view blog entries - visit this blog
November 10, 2008 at 10:21 pm ET
1.  Eat at home.  Dining out is expensive and should be reserved for special occasions. Like when you have money leftover at the end of the month. 2.  Brown bag your lunch.  Try this experiment.  The ... (more)

From Bankruptcy Law Network - view blog entries - visit this blog
November 10, 2008 at 5:09 pm ET
BANKRUPTCY PETITION: Legal papers filed with the Court that start a bankruptcy case. If you liked that post, then try these...Exemptions and Unknown Values by L. Jed Berliner, Massachusetts Bankruptcy AttorneyProtected Massachusetts Home Sold After Bankruptcy: ... (more)

Sunday, November 9, 2008
From Bankruptcy Law Network - view blog entries - visit this blog
November 9, 2008 at 8:20 pm ET
Chapter 13 trustees manage payment plans by debtors.  They take in money from debtors and pay out money to creditors.  How does your chapter 13 bankruptcy trustee get paid, you wonder?  The trustee is paid ... (more)

From Bankruptcy Law Network - view blog entries - visit this blog
November 9, 2008 at 5:23 pm ET
Recently I have had a number of potential clients that I have had to advise bankruptcy should not be considered an option for them.  Why in the world would I tell a ready, willing client ... (more)

From Bankruptcy Law Network - view blog entries - visit this blog
November 9, 2008 at 5:08 pm ET
Many people file for bankruptcy and keep their homes and cars.  However creditors may sell property after a bankruptcy discharge is granted via repossession or foreclosure if a default under state law has been triggered ... (more)

Saturday, November 8, 2008
From Bankruptcy Law Network - view blog entries - visit this blog
November 8, 2008 at 7:21 pm ET
Many people file for bankruptcy and keep their homes and cars.  However creditors may sell property after a bankruptcy discharge is granted via repossession or foreclosure if a default under state law has been triggered ... (more)

From Bankruptcy Law Network - view blog entries - visit this blog
November 8, 2008 at 5:08 pm ET
I was sitting in court today waiting for my case to be called, when my attention was drawn to the story a debtor in another case was telling. He and his family had been ... (more)

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