The Debt Podcast: Bankruptcy

Home -> Law Blog Directory -> Bankruptcy Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bankruptcy

The Debt Podcast

Hosted by Jay S. Fleischman, a bankruptcy and consumer lawyer located in New York City. Information and news designed to help you learn more about bankruptcy, debt relief, and consumer credit options.

Post Frequency: 4.9/day

Last Entry: November 23, 2010 at 18:33:08

Judicial Power And Mortgages.

Posted on March 15, 2010
I am asked on a weekly basis: Can’t the judge make the mortgage company change the loan in bankruptcy? The basic answer is a resounding NO! It is important to note that the bankruptcy law is in a constant state flux and at some point in the future the law may change...

New Supreme Court Ruling: Upholds Reform Law, Relaxes Lawyer Speech Rules

Posted on March 15, 2010
In Milavetz v. United States, 2010 WL 757616 (U.S. March 8, 2010), a unanimous U.S. Supreme Court upheld portions of the 2005 Bankruptcy Reform Act which had been challenged on constitutional grounds. Upheld were requirements that bankruptcy lawyers identify themselves as “debt relief agencies,” and that bankruptcy lawyers cannot advise clients to “load up” on new [...

Some residential mortgages can be modified in chapter 13

Posted on March 14, 2010
We know that Congress squelched the proposal that mortgages on your home could be modified in chapter 13. Too bad. Mortgage foreclosures went ahead at the highest pace in recent history as a result. Mortgage modifications are as rare as hen’s teeth...

Don?t Count Your Chickens Yet?

Posted on March 13, 2010

To access this complete feed in the blog feed reader login or register for free.

Smoking Can Be Hazardous to Your WEALTH

Posted on March 13, 2010
If bills are piling up, it is time for a personal financial audit. You must determine where your hard earned money is really going? For some people, small daily purchases can become enslaving and lead to big financial problems. These “vices” can include daily coffee purchases, lottery tickets and alcohol...

Co-Signors Beware ? Don?t Sign If You Can?t Afford It

Posted on March 13, 2010
As a Consumer Bankruptcy Attorney, I get to see the amazing financial deals that my clients get themselves into. Some of my bankruptcy clients must have been amazing salesmen to get family members and others to co-sign their debts. I don’t know what a person would have to say to get me to put my [...

Recovering from bankruptcy ? emotionally

Posted on March 12, 2010
People in who face bankruptcy often find it to be an emotional experience. They have been hounded and abused by creditors. This places them in a tenuous situation emotionally. Bankruptcy lawyers – now authoritatively considered to be “Debt Relief Agencies” by the United States Supreme Court – often find that their clients need more than just [...

Two Vehicle Deductions, Not One, Allowed on Means Test for Single Debtor

Posted on March 12, 2010
The question of whether a single bankruptcy debtor is limited to one motor vehicle allowance on the means test has vexed bankruptcy debtors since the inception of the 2005 Bankruptcy Reform Act. While Form B22 does not explicitly limit the number of motor vehicle allowances to the number of debtors in the bankruptcy case (that [...

Recovering from bankruptcy ? financially

Posted on March 11, 2010
Filing for bankruptcy takes courage. It requires overcoming fear, embarrassment and even shame. Recovery from bankruptcy has two components. The first is financial. The second is emotional. Today, we’re going to focus on steps everyone should take to recover from bankruptcy immediately...

?Bankruptcy Petition Preparer? Slammed by New Mexico Court

Posted on March 11, 2010
A non-attorney “bankruptcy petition preparer” (BPP) was recently permantly enjoined by a New Mexico bankruptcy court from assisting any more debtors in preparing bankruptcy petitions. This case, U.S. Trustee v. Brown, 2010 WL 519849 (Bky...

Are you too embarrassed to file bankruptcy?

Posted on March 10, 2010
Our good clients often tell us that they are embarrassed by the thought of filing for bankruptcy. I tell them that they don’t have to be. First of all, people fear that their names are going to be published in the newspaper. Now that might happen in small towns...

Bankruptcy FIlings Up 31.9% in 2009

Posted on March 10, 2010
According to statistics released by the Administrative Office of the U.S. Courts, bankruptcy filings increased 31.9% in 2009, increasing from 1,117,641 in 2008 to 1,473,675 in 2009. Business filings for 2009 were up 40%, from 43,533 in 2008 to 60,837...

Means Test: Court Allows Case Filing to be ?Timed? for Lower Income

Posted on March 09, 2010
Choosing the “correct” date upon which to file a chapter 7 or chapter 13 bankruptcy case can be important to either pass the means test, or to avoid having to take the means test altogether. Since the passage by Congress of the 2005 Bankruptcy Reform Act, debtors have been aware that the proper timing of the filing [...

Employer?s Bankruptcy Could Hurt Your 401(k) Plan

Posted on March 09, 2010
If your employer goes into bankruptcy, there are a couple ways it could hurt your defined contribution plan (like a 401(k)). One simple way is obvious: If you owned the company’s stock in your 401(k), there’s a good chance it’ll be valueless in the long run...

Bankruptcy and Divorce

Posted on March 09, 2010
Unfortunately filing for bankruptcy and filing for divorce often go hand in hand, but the news isn’t all bad. I believe that bankruptcy can help save some marriages by eliminating overwhelming debt, which is a a major source of stress that causes marriages to break up...

Bankruptcy and your emotions

Posted on March 09, 2010
For many people, the decision to file a personal bankruptcy case is deeply emotional. It’s not just a business decision. People think that filing bankruptcy is a personal reflection on themselves. All too many clients start to feel badly about themselves when considering bankruptcy...

Toyota Owners Filing Bankruptcy Be Aware

Posted on March 09, 2010
Own a Toyota? Are you filing bankruptcy or in a bankruptcy case already? You should talk to your lawyer about the Toyota recalls. You may have a claim against Toyota for defects in your product (or, worse, some physical injury you suffered). There are already class action lawsuits on file related to these issues that you [...

Why the ?Lost Note Defense? Doesn?t Work That Well in Maryland

Posted on March 09, 2010
A number of clients facing foreclosure have asked me whether I could use the “lost note defense” to help them save their homes. They’d read about how successful it had been in states like Ohio and Florida, and wondered about whether it could help them here in Maryland...

Employer?s Bankruptcy Could Hurt Your 401(k) Plan

Are you afraid of bankruptcy?

Posted on March 08, 2010
People tell me that they are afraid of filing for bankruptcy. Fear of the unknown is a reasonable emotion. I am afraid of the dentist. I’m afraid of the pain from the drilling. I am afraid that the shot will hurt. I am afraid that something will go wrong...

Fired Because of Bankruptcy Filing, Court Denies Relief

Posted on March 08, 2010
A Texas bankruptcy court ruled on December 30, 2009, that an employee who was fired after filing bankruptcy was not protected the bankruptcy code’s non-discrimination provision, 11 U.S.C. section 525(b). This section states as follows: No private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or has [...

Payday Loans: How to Borrow $300 and Owe $3000

Posted on March 08, 2010
If you?re filing bankruptcy, then chances are you may may have taken out a payday loan recently, according to a ?Do Payday Loans Cause Bankruptcy?? by Paige Marta Skiba of Vanderbilt Law School and Jeremy Tobacman from the University of Pennsylvania. In theory, I have no problem with the concept of payday loans...

There?s no shame in bankruptcy

Posted on March 07, 2010
Most bankruptcy lawyers keep tissues in their conference rooms. Many clients cry when they talk about filing their bankruptcy case. Sensitive attorneys are ready for this – we have tissues ready. People who are thinking of filing bankruptcy cases tell me that they are ashamed...

Attorney-Client Privilege in Bankruptcy: Unpleasant New Ruling Narrows Its Scope

Posted on March 07, 2010
There are only a handful of court cases discussing how, or perhaps even whether, the attorney-client privilege applies in a bankruptcy case. A North Carolina bankruptcy court recently considered this question, and it confirmed what many have feared: the attorney-client privilege in bankruptcy is narrow in scope, and it may hardly exist at all...

Student Loan ?Undue Hardship? Must Exist at Time of Filing Bankruptcy Case

Posted on March 07, 2010
A recent California bankruptcy court decision addressed the question of when the circumstances creating “undue hardship” must arise to be condidered relevant in determining the dischargeability of student loans. This case, In re Zygarewicz, 2010 WL 710661 (Bky...

How to file bankruptcy (#4 of a series)

Posted on March 07, 2010
Now that we’ve gotten almost through the first two pages of our bankruptcy petition, we’re ready to figure out the court where you will file your bankruptcy petition. You’d think this would be a piece of cake too. For people who don’t move around too much, this is not too much of a problem...

Bankruptcy ? How To File Bankruptcy (Part 3)

Posted on March 07, 2010
Bankruptcy – it’s easy, right? Anyone can do it, right? Read on. So, intrepid readers, we are still learning how to file for bankruptcy. We’ve gotten just part way through the second page in this, our third installment. After you read this third installment, you’ll almost be done with page 2 of your bankruptcy papers...

Credit after Bankruptcy

Posted on March 07, 2010
Will I ever get credit again? is the query from prospective bankruptcy clients. Before the Great Recession that we are living through, my answer was a confident, “Absolutely“. Now I’m not sure that what I’ve learned about bankruptcy and credit over 30 years of practice is of much use predicting the future...

How to File Bankruptcy ? #2 of a Series

Posted on March 07, 2010
People think it’s easy to file bankruptcy. You’d be surprised how many people try to do it themselves. And even more people pay so-called “petition preparers” who say that they know how to do it for them. Usually, they mess up...

Mortgage Mod Band-Aid on Gaping Wound, Need Bankruptcy Mod

Posted on March 07, 2010
Brett Weiss, BLN blogger and Maryland bankruptcy attorney, tells why the present mortgage modification programs are “Band-Aids on gaping wounds” and why changing the law to allow home mortgages to be modified in bankruptcy would be a solution to the mortgage foreclosure crisis.

Previous | Next

Related Law Bulletins

New Jersey Legal Update - Podcast # 57
This week's New Jersey Legal Update podcast will address federal l...

New Jersey Legal Update - Podcast # 53
This week's New Jersey Legal Update podcast will discuss the landm...