Bankruptcy

Failure to Disclose Assets Lands Chapter 7 Debtor in Prison

Posted on June 06, 2010
Because the bankruptcy system operates efficiently and quickly and it serves hundreds of people every day, I sense that many bankruptcy debtors forget that everything they submit to the bankruptcy court is done so under penalty of perjury. I recently ran across an article from a Texas newspaper about a Chapter 7 debtor who ended up in federal prison, convicted of bankruptcy fraud, because he failed to disclose an $84,000 insurance payment, proceeds from the sale of a vehicle and several bank accounts...

Federal Mortgage Assistance Programs Modified to Include Bankruptcy Debtors

Posted on May 31, 2010
Every week I receive several phone calls from homeowners who want to take advantage of the federal HAMP (Home Affordable Mortgage Program) but do not know where to start. Often these callers are behind two or three months and are receiving foreclosure notices, but they really do not want to file Chapter 13 before exhausting all non-bankruptcy alternatives...

Federal Mortgage Assistance Programs Modified to Include Bankruptcy Debtors

Posted on May 31, 2010
Every week I receive several phone calls from homeowners who want to take advantage of the federal HAMP (Home Affordable Mortgage Program) but do not know where to start.  Often these callers are behind two or three months and are receiving foreclosure notices, but they really do not want to file Chapter 13 before exhausting all non-bankruptcy alternatives...

Afraid that You Could Lose Your Job if You File Bankrutpcy? The Law Says "No," but….

Posted on May 06, 2010
Last month, my friend and colleague, Charleston bankruptcy attorney Russ Demott published an interesting article on his web site entitled "Fired for Filing Bankrutcy? No way!" This article was written by Elyria, Ohio bankruptcy lawyer Bill Balena, who notes that the Bankruptcy Code specifically forbids "employee discrimination" based on a bankruptcy filing if: More on Afraid that You Could Lose Your Job if You File Bankrutpcy? The Law Says "No," but….

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Afraid that You Could Lose Your Job if You File Bankrutpcy? The Law Says "No," but?.

Posted on May 06, 2010
Last month, my friend and colleague, Charleston bankruptcy attorney Russ Demott published an interesting article on his web site entitled "Fired for Filing Bankrutcy? No way!" This article was written by Elyria, Ohio bankruptcy lawyer Bill Balena, who notes that the Bankruptcy Code specifically forbids "employee discrimination" based on a bankruptcy filing if: More on Afraid that You Could Lose Your Job if You File Bankrutpcy? The Law Says "No," but….

Forgotten Lawsuit Creates Big Problems for Prior Chapter 7 Client

Posted on April 15, 2010
Earlier this month I received a call from a Chapter 7 client that I had represented several years ago. He is attempting to refinance his house and has discovered that a judgment creditor has a lien for several thousand dollars. The creditor was listed on the case, but neither he no I knew that there was any judgment...

Forgotten Lawsuit Creates Big Problems for Prior Chapter 7 Client

Posted on April 15, 2010
Earlier this month I received a call from a Chapter 7 client that I had represented several years ago.  He is attempting to refinance his house and has discovered that a judgment creditor has a lien for several thousand dollars.  The creditor was listed on the case, but neither he no I knew that there was any judgment...

Debts Arising from Impaired Driving are Not Dischargeable

Posted on March 11, 2010
Recently I met with a client who was looking into filing bankruptcy because of credit card and medical debt. Among his creditors, however, was an individual, an insurance company and fines due a local county. When I asked about this, he explained that about a year ago, he was involved in an auto accident that was his fault...

Debts Arising from Impaired Driving are Not Dischargeable

Posted on March 11, 2010
Recently I met with a client who was looking into filing bankruptcy because of credit card and medical debt.  Among his creditors, however, was an individual, an insurance company and fines due a local county.  When I asked about this, he explained that about a year ago, he was involved in an auto accident that was his fault...

How Can Filing Bankruptcy Impact My Children?

Posted on February 16, 2010
It is commonly known that filing for bankruptcy can be a very trying and emotional time for those filing. But it is less common to hear about how a bankruptcy can impact the children of bankruptcy filers. If you have children or dependents and are considering bankruptcy, it is important that you understand the potential consequences bankruptcy can have on your children...

How Can Filing Bankruptcy Impact My Children?

Posted on February 16, 2010
It is commonly known that filing for bankruptcy can be a very trying and emotional time for those filing. But it is less common to hear about how a bankruptcy can impact the children of bankruptcy filers. If you have children or dependents and are considering bankruptcy, it is important that you understand the potential consequences bankruptcy can have on your children...

IRS May Soon be Out of the Business of Seizing Income Tax Refunds for Benefit of Chapter 13 Trustee

Posted on February 12, 2010
As you probably know, there are two types of consumer bankruptcy cases available to you – a Chapter 7 which wipes out debt, and a Chapter 13 which creates a five year payment plan in which you pay back some or all of your debt with your "disposable income...

IRS May Soon be Out of the Business of Seizing Income Tax Refunds for Benefit of Chapter 13 Trustee

Posted on February 12, 2010
As you probably know, there are two types of consumer bankruptcy cases available to you – a Chapter 7 which wipes out debt, and a Chapter 13 which creates a five year payment plan in which you pay back some or all of your debt with your "disposable income...

How Can I Get Out of an Apartment Lease When I File Bankruptcy?

Posted on February 10, 2010
My office colleague, Susan Blum is in the process of filing a Chapter 7 bankruptcy for a young woman. Our client currently lives in a rented apartment, and her lease runs through July of this year. Our client would like to find a cheaper place to live, however, she is concerned that she may not be eligible to sign a new lease after filing for bankruptcy...

How Can I Get Out of an Apartment Lease When I File Bankruptcy?

Posted on February 10, 2010
My office colleague, Susan Blum is in the process of filing a Chapter 7 bankruptcy for a young woman.   Our client  currently lives in a rented apartment, and her lease runs through July of this year.    Our client would like to find a cheaper place to live, however, she is concerned that she may not be eligible to sign a new lease after filing for bankruptcy...

Divorce and Bankruptcy – an Unhealthy Relationship

Posted on February 05, 2010
There are many reasons that bankruptcy filing rates are so high. Clearly an unexpected job loss or reduction in earnings can lead many honest, hardworking people into a bankruptcy lawyer's office. When a job loss is coupled with a divorce, I think that the likelihood of bankruptcy by husband or wife goes up exponentially...

The "Do It Yourself Bailout" – Part Six of Jonathan's Interview with Kenny Golde

Posted on February 05, 2010
Have you ever wondered what it takes to settle your debts for pennies on the dollar? Recently I interviewed Kenny Golde, a self employed filmmaker who found himself almost a quarter of a million dollars in debt when when a business deal fell victim to the economic downturn...

The "Do It Yourself Bailout" – Part Five of Jonathan's Interview with Kenny Golde

Posted on February 05, 2010
Have you ever wondered what it takes to settle your debts for pennies on the dollar? Recently I interviewed Kenny Golde, a self employed filmmaker who found himself almost a quarter of a million dollars in debt when when a business deal fell victim to the economic downturn...

The "Do It Yourself Bailout" – Part Four of Jonathan's Interview with Kenny Golde

Posted on February 05, 2010
Have you ever wondered what it takes to settle your debts for pennies on the dollar? Recently I interviewed Kenny Golde, who found himself with $250,000 of credit card debt and no way to pay it all back. However, with tenacity and focus, Kenny has managed to eliminate more than half of this debt through negotiation...

The "Do It Yourself Bailout" – Part Three of Jonathan's Interview with Kenny Golde

Posted on February 05, 2010
Have you ever wondered what it takes to settle your debts for pennies on the dollar? Recently I interviewed someone who started with $250,000 of credit card debt and with tenacity and focus, has managed to eliminate more than half of this debt through negotiation...

Divorce and Bankruptcy ? an Unhealthy Relationship

Posted on February 05, 2010
There are many reasons that bankruptcy filing rates are so high.   Clearly an unexpected job loss or reduction in earnings can lead many honest, hardworking people into a bankruptcy lawyer's office.  When a job loss is coupled with a divorce, I think that the likelihood of bankruptcy by husband or wife goes up exponentially...

The Do It Yourself Bailout – Part Two of Jonathan's Interview with Kenny Golde

Posted on January 31, 2010
Have you ever wondered what it takes to settle your debts for pennies on the dollar? Recently I interviewed someone who started with $250,000 of credit card debt and with tenacity and focus, has managed to eliminate more than half of this debt through negotiation...

The "Do It Yourself Bailout" – Part One of Jonathan's Interview with Kenny Golde

Posted on January 30, 2010
Have you ever wondered what it takes to settle your debts for pennies on the dollar? Recently I interviewed someone who started with $250,000 of credit card debt and with tenacity and focus, has managed to eliminate more than half of this debt through negotiation...

Hiring Has Not Picked Up: A Look at Unemployment Claims Stats

Posted on January 30, 2010
The number of newly laid-off workers seeking unemployment benefits unexpectedly rose last week, further evidence that the job market recovers at a very slow and bumpy pace. California, Texas, Florida, Pennsylvania, and even Georgia have experienced the highest recent increases in unemployment claims...

Georgia Personal Bankruptcy Filings Continue to Increase

Posted on January 30, 2010
According to a recent article regarding Georgia bankruptcy published in the Atlanta Journal Constitution, it is nothing new that Georgia has one of the highest bankruptcy rates in the nation. What is new, suggests the AJC article, is who is filing: large numbers of people who have not previously had problems with financial instability...

Giant Debt Collector Law Firm Mann, Bracken Out of Business

Posted on January 30, 2010
A number of stories have recently appeared in bankruptcy and consumer rights blogs suggesting that the Atlanta based collection firm Mann, Bracken, LLC has gone out of business. On his Caveat Emptor blog, Minnesota bankruptcy attorney Sam Glover has written several posts about the Mann, Bracken firm including one on December 22, 2009 stating that the calls to the firm's phone number instructs callers to communicate directly with their creditors...

Free Tool to Calculate Your Median Income for Bankruptcy Purposes

Posted on January 30, 2010
As you probably know, your eligibility for bankruptcy protection is determined in part by your household income. The Bankruptcy Code requires us to calculate your median income by looking at gross income earned by you, your spouse and any other working member of your household during the 6 months preceding the current month...

Bankruptcy Filings Increase Among Middle Class

Posted on January 30, 2010
This weekend's AJC Business story entitled "Bankruptcies hit State Hard" confirmed what I have been seeing on a weekly basis in my Atlanta area bankruptcy practice – more people who were solidly "middle class" are finding themselves facing huge debt loads and the prospect of a Chapter 7 or Chapter 13 filing...

Use Online Access Keep Track of the Disbursements in Your Chapter 13 Case

Posted on January 30, 2010
Once you file a Chapter 13 bankruptcy and begin contributing monthly to the payment plan, you may wonder where your money is going, who's being paid and how much money you still owe until you get your Chapter 13 discharge. As a Chapter 13 debtor, you can have access to much of the same information that the Trustee and your attorney have...

Has "Financial Repression" Stopped You from Filing Bankruptcy?

Posted on January 30, 2010
Editors note: In this compelling guest post, Charleston bankruptcy lawyer Russ DeMott describes what he calls "financial repression" – the tendency of honest, hardworking men and women to delay or forego bankruptcy protection because of the administrative and expense burdens added to the bankruptcy filing process by the 2005 BAPCPA changes to the bankruptcy laws...

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