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

I Need To File Bankruptcy But Will It Be In The Newspaper?

Posted on August 18, 2009
Often prospective clients ask whether their bankruptcy case will be reported in the local newspapers. Generally, the answer is “no,” your bankruptcy will not be reported. Because folks have seen foreclosure notices listed in their local newspapers, they are concerned that, because bankruptcy is a legal proceeding, their bankruptcy case will also be reported...

Consumers who file Bankruptcy Lose the ?Privilege? of paying mortgages by ACH or EFT

Posted on August 18, 2009
While attending a Texas advanced consumer bankruptcy seminar last week, I was surprised and amazed (I know, I should not have been) to learn that mortgage servicers consider the ability for a consumer to make their mortgage payments by ACH or EFT (electronic funds transfer) as a “Privilege”...

What Is Your Debt To Income Ratio?

Posted on August 17, 2009
Knowing your debt to income ratio, could help you make sounder financial decisions in the future. Your debt to income ratio is used by companies who are considering lending you money to determine if you are carrying too much debt in relation to your income...

Fear of Debt Creates Tunnel Vision.

Posted on August 17, 2009
Fear of debt creates tunnel vision. When our debt outweighs our income it is natural to focus on how little we have. The tunnel vision of debt leads to stress and anxiety without any light at the end of the tunnel. For many of my clients this vision prevents them from finding anything good in [...

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

How Can I Lower My Car Loan Balance in a Chapter 7 Bankruptcy?

Posted on August 16, 2009
Your car is worth a whole lot less than you owe on it, and you’re in a Chapter 7 bankruptcy. Is there a way to lower your loan balance? In a Chapter 13, you may be able to do a cramdown, where you reduce the loan balance to the car’s value, but you can’t in a [...

The Meeting of Creditors in a Bankruptcy

Posted on August 16, 2009
After the paperwork for a bankruptcy is filed, the court will schedule a ?meeting of creditors.? Often referred to as a 341 meeting (because it?s required under Section 341 of the bankruptcy code), this is nothing more than an opportunity for the trustee assigned to the case or your creditors to ask a few questions [...

Bankruptcy Stimulus Plan

Posted on August 16, 2009
Save more money, spend it on your self, and stimulate your local economy. Here is how to do it. Many people are in a credit card rut, paying minimum payments each month while the balance grows beyond control. Those fortunate to have jobs struggle paycheck to paycheck as credit cards gobble up take home pay...

Don?t Abuse Emergency Bankruptcy Filing Process

Posted on August 16, 2009
Last year on this blog, my colleague Pam Stewart wrote a post that explains the emergency bankruptcy filing process. As Pam notes, situations do arise in which an individual needs to file bankruptcy immediately but does not have time to gather all of the documentation needed for a complete filing...

9th Circuit Denies Allowance of Vehicle Ownership Expense: Frustrated at Congress

Posted on August 15, 2009
The Ninth Circuit recently issued a very important decision in the case of In re Ransom, wherein it ruled that Debtors without vehicle debt can not deduct vehicle ownership expenses on Form B22 (the “means test”), a new form created under the new bankruptcy laws enacted in October, 2005...

What is a ?Consent Order??

Posted on August 15, 2009
You’ve fallen behind on your mortgage payments after your Chapter 13 case has been filed. The lender has filed a Motion to Lift Stay. Will you lose your house? Not necessarily, thanks to a Consent Order. In many cases, the mortgage lender will give you one more change to get caught up...

Debt-Settlement Companies: Promises, Promises

Posted on August 15, 2009
I just returned to Rhode Island from a weeks? vacation in Maine. While away, I was bombarded by a whole new batch of debt settlement commercials. Who wouldn?t want to settle their debt for pennies on the dollar? If you can avoid bankruptcy and still make all your debts disappear, what?s not to like? These debt-relief [...

You Have $80,000 In Credit Card Debt, What Do You Have To Show For It?

Posted on August 15, 2009
At a 341 meeting the trustee may ask, “You have $80,000 in credit card debt, what do you have to show for it.” You may be thinking why is the trustee asking this question? Think of the trustee as a financial detective. The trustee has a duty to investigate your credit card charges...

Can I Keep My Motorcycle if I File Bankuptcy?

Posted on August 15, 2009
Filing bankruptcy doesn’t mean you have to give up your motorcycle, as long as the motorcycle payments would be considered a reasonable vehicle expense. Occasionally clients tell me something like, “I was told if I filed bankruptcy, I would not be able to keep my motorcycle...

Do I Owe Too Much To File for Chapter 13?

Posted on August 14, 2009
In recent years, many clients have learned that they owe too much to file for Chapter 13 reorganization. Unlike Chapter 7 and Chapter 11, there are limits to how much you can owe for you to qualify for Chapter 13. Currently (the numbers are indexed for inflation) you cannot owe more than $336,900 in general [...

What is CM/ECF and What Does it Do in Bankruptcy Court?

Posted on August 14, 2009
If you are involved in a bankruptcy proceeding you may come across the terms CM, which is an abbreviation for the words Case Management, and ECF, which stands for Electronic Case Filing. CM/ECF is the computerized case filing and record management system used by the bankruptcy court to maintain and process bankruptcy court case records...

Court Allows Dismissal of Chapter 13, Rather Than Conversion to Chapter 7, Even Where Debtor Filed Inaccurate Schedules And Sold Home Without Court Permission

Posted on August 14, 2009
Most chapter 13 debtors have probably been informed by their bankruptcy lawyers that the accuracy of their bankruptcy papers is critically important, that they shouldn’t incur new debt without the trustee’s permission, and that they can’t sell valuable property, such as their home, without court permission...

Can I Reaffirm My Car Loan If I Convert From Chapter 13 To Chapter 7?

Posted on August 13, 2009
From time to time the financial situation of a person who has filed for a Chapter 13 bankruptcy changes for the worst and they need to convert their Chapter 13 bankruptcy to a Chapter 7 bankruptcy. When a bankruptcy is converted from a Chapter 13 bankruptcy to a Chapter 7 bankruptcy the issue of whether or not [...

Who Are the Maryland Greenbelt Chapter 13 Trustees?

Posted on August 12, 2009
Note: The individuals listed are private parties, not government employees. Timothy P. Branigan 14502 Greenview Drive, Suite 506 Laurel, MD 20708 Phone: (301)483-9118 Payment Address for Timothy P. Branigan: P.O. Box 480, Memphis, TN 38101-0480 Nancy Spencer Grigsby 4201 Mitchellville Road, Suite 401 Bowie, MD 20716 Phone: (301)805-4700 Payment Address for Nancy Spencer Grigsby: P...

PACER is Public Access to Court Electronic Records

Posted on August 12, 2009
Case files in more than 200 Federal Courts are available over the web from any personal computer. The Oregon Bankruptcy court is participating in this program. PACER, the acronym for Public Access to Court Electronic Records, is the system the courts use to provide this access and it is available to everyone...

BANRUPTCY OR DIVORCE WHAT COMES FIRST

Posted on August 12, 2009
What come first, the chicken or the egg? The question is what comes first, Bankruptcy or Divorce. Frankly these are two things that can go hand in hand just like frank and beans or macaroni and cheese. Seriously divorce is one of the main reason behind a bankruptcy filing...

Can I Get Rid Of An Excise Tax If I File For Bankruptcy?

Posted on August 12, 2009
Excise taxes are discharged in bankruptcy if the underlying transaction, which led to the tax, was more than three years before you file your bankruptcy case. Otherwise they are not affected by a bankruptcy case, although they still need to be listed.

Transferring Property to Avoid Probate: Like Getting Smacked in the Head

Posted on August 11, 2009
Transferring property to your children to avoid probate can cause big problems if a child files bankruptcy or is otherwise unable to pay his debts. There I was at the Ripley?s ?Believe it or Not? museum in Myrtle Beach, South Carolina, when I came across a display of humorous tombstones...

Can a small corporation file a bankruptcy case without a lawyer?

Posted on August 11, 2009
People file pro se bankruptcy cases all the time. Corporations and limited liability companies sometimes try to do this. Bad idea. Very bad idea. People can file pro se bankruptcy cases because they are flesh and blood people. On the other hand, corporations and limited liability companies are considered “persons” only to the extent that [...

Can I lose my job if I file for bankruptcy?

Posted on August 11, 2009
Clients often worry that their boss might fire them if they file a bankruptcy case. But the Bankruptcy Code explicitly prohibits any employer from discriminating against a person in their employment because of their having filed for bankruptcy relief...

Who Are the Maryland Baltimore Chapter 13 Trustees?

Posted on August 11, 2009
Note: The individuals listed are private parties, not government employees. Ellen W. Cosby P.O. Box 20016 Baltimore, MD 21284-0016 E-mail: ewc@ch13balt.com Phone: (410) 825-5923 Fax: (410) 825-5904 Payment Address for Ellen Cosby: P.O. Box 1838, Memphis, TN 38101-1838 Gerard R...

What is an Adequate Protection Order?

Posted on August 11, 2009
It is not uncommon for debtors in Chapter 13 to fall behind on their trustee, mortgage, or car payments due to circumstances outside of their control. In such situations, secured lenders will move for relief of stay, which is a motion to allow them to proceed with their normal remedies outside the jurisdiction of the [...

Can I Keep My CD If I File For Bankruptcy?

Posted on August 11, 2009
Is your Certificate of Deposit protected if you file a bankruptcy case? Maybe. What else do you have, and are you using the federal or a state’s list of exemptions (protected assets)? The federal list has special protected values for special assets, not including cd’s...

Who Are the Maryland Greenbelt Chapter 7 Trustees?

Posted on August 10, 2009
Note: The individuals listed are private parties, not government employees. Merrill Cohen 7910 Woodmont Avenue, Suite 760 Bethesda, MD 20814 Phone: (301)881-8300 Steven H. Greenfeld 7910 Woodmont Avenue, Suite 760 Bethesda, MD 20814 Phone: (202)537-7050 Janet M...

What?s The Rule Of Thumb For A Trustee To Take An Asset?

Posted on August 10, 2009
There are protected amounts for assets when one files bankruptcy, but that does not mean that a trustee will automatically seize and sell an asset having a value slightly over the protected amount. Much depends on the region you file, the particular pressures on a trustee from Washington when you file, the type of asset, the [...

Who Are the Maryland Baltimore Chapter 7 Trustees?

Posted on August 09, 2009
Note: The individuals listed are private parties, not government employees. Monique D. Almy 1001 Pennsylvania Ave. NW Washington, DC 20004 E-mail: malmytrustee@crowell.com Phone: (202) 508-8749 Fax: (202) 628-5116 Marc H. Baer 455 Main Street Reisterstown, MD 21211 E-mail: mbaer@waldmangrossfield...

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...