Bankruptcy

Episode X006 ? Black Friday

Posted on November 23, 2010
Is Black Friday a scam, a golden opportunity to get awesome stuff for peanuts, or just another reason for Gene and Jay to talk about mindfulness?  Could be all three. Listen to the episode, let us know what you think, … Continue reading →

Test Post

Posted on November 22, 2010
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Episode x005 ? LegalHelpers Turmoil

Posted on October 26, 2010
Jay S. Fleischman and Eugene Melchionne discuss on this episode of Debt Podcast the turmoil surrounding LegalHelpers, also known as Macey & Aleman, regarding alleged problems with bankruptcy petitions filed by this law firm.

Episode x004 ? Is Insurance REALLY Necessary?

Posted on August 31, 2010
Jay Fleischman and Gene Melchionne talk insurance. Great idea or great scam? You’ll find out just how much a whole life insurance policy was worth when Gene graduated from law school, and the marketing angle Jay’s got for the folks … Continue reading →

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Episode x003 ? Bad Debt, Debit Cards, And Coupons

Posted on August 24, 2010
Jay Fleischman Gene Melchionne return to the table to continue the chat about bad debt. We talk about coupons, using debit cards, Guitar Center, and why Gene is going to be an old man in a bathrobe shouting, “Where’s my … Continue reading →

Episode x002 ? Bad Debt And Student Loans

Posted on August 17, 2010
Gene Melchionne and Jay Fleischman sit down to begin a discussion of good debt vs. bad debt. From there, the conversation dovetails into a chat about our educational system and the role of college in our society. It’s all a … Continue reading →

Episode x01 ? Return To The Debt Podcast

Posted on August 11, 2010
Jay Fleischman re-introduces the Debt Podcast after a hiatus lasting more than 4 full years. Like The Who said, “meet the new boss – same as the old boss.” Subscribe to the show in iTunes, on your favorite RSS reed … Continue reading →

Episode 002: July 5, 2005

Posted on August 09, 2010

Episode 001: July 1, 2005

Posted on August 09, 2010
Wherein the Debt Podcast is originally born. This show is being uploaded separately to give you all an insight into the “state of the art” as it existed in July 2005 – and so you’ll see where things have gone … Continue reading →

Hello world!

Posted on August 01, 2010
Welcome to WordPress. This is your first post. Edit or delete it, then start blogging!

House Passes New Exemption For Gunowners Facing Bankruptcy! Well, Whoop-Ti-Do!

Posted on July 30, 2010
The United States House of Representatives passed H.R. 5827 which allows gunowners to exempt up to $3,000.00 in value in firearms.  A comparable version is pending in the Senate now.  This is big news right?  Not really. First, putting aside the fact that the Senate must pass this legislation and the president must sign it, so [...

I Can?t Afford A Bankruptcy Lawyer?Do I Really Need One?

Posted on July 28, 2010
You are thinking that you may need to file bankruptcy but you are concerned that you do not have the money for a bankruptcy lawyer.  You are wondering whether you can afford to pay a qualified attorney to handle your case for you.  Perhaps the better question is–can you afford not to! Just recently, I learned [...

Do I have to see an attorney that practices in the same county I reside?

Posted on July 28, 2010
You live in one county, you are considering an attorney in a different county — does it matter? Do you have to see an attorney in the same county you live? (This is part of what you might be considering when you consider who to hire… for other considerations, see these posts: Wendell Sherk’s Shopping [...

Chapter 13 Bankruptcy and Cars: ?Life is a Highway?

Posted on July 27, 2010
Filing a Chapter 13 bankruptcy lets you do things you couldn’t otherwise do in a Chapter 7 bankruptcy.  One of the things you can do is “cram down” a vehicle.  It sounds a little violent, and I’m sure it feels that way to an auto lender...

Be Careful About Information On the Internet

Posted on July 26, 2010
I know you’ve heard it before (and it’s been written about before, e.g., here, Jay Fleischman’s Where Do You Find Credible Bankruptcy Information), but I just finished meeting with a new client — she almost hadn’t come, having emailed me yesterday saying she had done research on the internet and concluded she could not do [...

What Are the Duties of the Trustee in Bankruptcy?

Posted on July 26, 2010
When you file a Chapter 7 or Chapter 13 bankruptcy case, a Trustee is appointed to administer your case.  This person is an independent contractor who works for the Office of the U.S. Trustee in the Department of Justice. Although they are commonly attorneys, there is no requirement that you be admitted to practice law [...

FYI ? Elizabeth Warren

Posted on July 25, 2010
Elizabeth Warren is being proposed by some as the best choice to head the new Bureau of Consumer Financial  Protection, as discussed here in a New York Times editorial, as well as here at a USA Today article. Who is she? The short answer is that she’s a bankruptcy expert at Harvard Law School, and [...

What Are the Minimum (or Maximum) Debt Amounts to File for Bankruptcy?

Posted on July 24, 2010
One question we’re often asked is what the minimum debt amount is to allow someone to file for bankruptcy. The answer is very simple: there is *no* minimum debt amount to be eligible to file. This is true for Chapter 7, Chapter 11, Chapter 12 and Chapter 13...

Can I Pay My Creditors Even After I Received A Bankruptcy Discharge?

Posted on July 23, 2010
Yes, you can pay your creditors after you received a bankruptcy discharge.  Nothing prohibits you from voluntarily paying your creditors, either one or two creditors that are important to you, or all of them.  Of course, as a bankruptcy lawyer, it begs the question– if you want to pay your creditors and assuming that you [...

Filing For Chapter 7 Bankruptcy! Do I Need To Have A Job?

Posted on July 21, 2010
It is not necessary to have a job to file a Chapter 7 bankruptcy.  In fact, the filing of Chapter 7  is probably one of the few instances in your life where it helps to not be employed. When a Chapter 7  is filed, the debtor must show that they do not have enough income available [...

Does Bankruptcy Clear IRS Debt?

Posted on July 20, 2010
Bankruptcy can clear some types of tax debt.  It will not clear a federal tax lien that has attached to your assets.  However, when no tax lien has been filed, income tax debt can be discharged and cleared from your record if some very specific requirements are met in either a Chapter 7  or a [...

What Are The Bankruptcy Laws To Be Aware Of?

Posted on July 20, 2010
The bankruptcy trustee can sell assets you no longer own under his avoiding powers for the benefit of creditors. What, you say?  If it isn’t mine, what rights do my creditors have in those assets? It all depends on how you parted with property as to whether bankruptcy law allows the trustee to recover the asset [...

Is Bankruptcy the Right Option For My Business?

Posted on July 18, 2010
Filing bankruptcy for your business can end the frustration and stress of trying to keep the ?doors open? on a failing endeavor.  But is it necessary? If you have a sole proprietorship, you can?t file bankruptcy just for the business without including all of your personal assets and debts...

Bankruptcy and Love

Posted on July 15, 2010
As a bankruptcy lawyer, I’m often contacted by folks who ask, “Should I marry someone who is about to file bankruptcy?”  Understandably, they don’t want to be on the hook for the debts of their future spouse. But then there’s love...

Why Are Some Creditors So Stupid? ?The Grand Illusion?

Posted on July 14, 2010
I’ve been thinking of some of the bizarre things I’ve seen creditors do lately.  You’ll find a lot written about abusive creditors, mean creditors, heartless creditors, and law-breaking creditors here at Bankruptcy Law Network.  But what about stupid, self-destructive creditors? It’s obviously bad to violate the Fair Debt Collection Practices Act or the Bankruptcy Code’s automatic [...

Court Rules That Private Employers May Refuse To Hire Based Upon Bankruptcy Filing

Posted on July 14, 2010
In Rea v. Federated Investors, 2010 WL 370334 (W.D.Penn. Jan. 29, 2010), a U.S. district court held that section 525(b) of the bankruptcy code does not forbid a private employer from refusing to hire a job applicant solely because the job applicant filed for bankruptcy in the past...

Do I Need An Attorney To File Bankruptcy?

Posted on July 13, 2010
Do you need an attorney to file bankruptcy? No!  Absolutely not! There is no requirement that you be represented by an attorney when you file a bankruptcy!  In fact, I found a website today that tells you how to do one yourself!  Tips Catalog! Should you use an attorney to file your bankruptcy? Yes!  Absolutely! There is no question that Americans [...

Considering Debt Settlement? Perhaps Bankruptcy Is Cheaper And More Efficient

Posted on July 12, 2010
Often people come to see me who have been working with a debt settlement company but are unable to manage the payments to the debt settlement company or get discouraged with the whole process.  How can bankruptcy be better?  To be clear, a debt settlement company is an entity that will take your money in monthly [...

Should I Get A Bankruptcy Attorney?

Posted on July 12, 2010
Should I represent myself in a Bankruptcy is the all time question people ask themselves when considering bankruptcy.  Is this a silly question?  Absolutely not because Congress has mandated that attorneys inform you that you have the absolute right to represent yourself...

The Secret To New Credit After Bankruptcy

Posted on July 10, 2010
It is said that filing bankruptcy ruins your credit rating. Said by whom? Said by lenders, of course. I  know people can get credit again; I filed a third Chapter 7 bankruptcy for at least three individuals That good credit rating is in the rear view mirror, or about to be, by the time you contact a lawyer...

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