bankruptcy attorney

How Much Control Do Bankrupt Dodgers Have Over Baseball Decisions?

11/26/11

How Much Control Do Bankrupt Dodgers Have Over Baseball Decisions?   Not long ago, the Los Angeles Dodgers filed for bankruptcy.  This move was controversial, and concerned many baseball fans.   As sports fans are well aware, good players demand high salaries.  But can the Dodgers renegotiate salaries, and make other financial decisions, while going through [...]

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Filing for Bankruptcy On Your Own: Never a Good Idea

11/14/11

One of the first things you learn in law school is: “only a fool has himself for a client”. It is hard to imagine a situation that this truism applies more to than filing bankruptcy. While individuals may represent themselves in bankruptcy court and file a bankruptcy case without an attorney or “pro-se,” it is [...]

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In re: Rankin, No. 10-62340-13

10/25/11

In re: Rankin, No. 10-62340-13 (Bankr. D. Mont., January 21, 2011).   When you file for Chapter 13 bankruptcy, you propose to the bankruptcy court your plan to repay what you owe to your creditors.  There are many requirements that each plan must meet in order to be approved by the court and put in [...]

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Rising Elderly Population May Increase Bankruptcy Filings

08/30/11

The oldest of the baby boomers are just now reaching the age of retirement, and with that comes a series of new concerns.  The average cost of a nursing home today is somewhere around $7,000 a month, and that number is only on the rise.  For adults who need special assistance, such as Alzheimer’s patients, [...]

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San Jose Bankruptcy Lawyers Raise Concerns over Perceived Trustee Abuses

08/27/11

At a recent meeting of our Chapter 13 Committee meeting, a group of Bay Area bankruptcy attorneys who meet monthly to discuss recent developments in consumer bankruptcy law, a lively discussion erupted among a group of 40-50 local practitioners over Bay Area Chapter 7 panel trustees’ increased reliance upon lengthy questionnaires and blanket document requests [...]

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The Foreclosure Saga and How Bankruptcy Could Help

08/24/11

By Aaron Huff Day in and day out the news seems to almost constantly be about the foreclosure rate in the United States.  It’s almost become commonplace.  As regular a story as the local weather.  The recession and downward spiral of the housing market have gone hand-in-hand, and unfortunately have been issues that have been [...]

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Should I Convert My Chapter 13 to Chapter 7?

08/24/11

Most Chapter 13 cases are not successfully completed and discharged.  This means that there are many individuals who file for Chapter 13 and find themselves unable or unwilling to continue.  Can these filers convert to Chapter 7?  Should they? If you are eligible for Chapter 7 bankruptcy, section 1307(a) of the Bankruptcy Code permits you [...]

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Identify Theft in Bankruptcy

08/20/11

Identity theft, the use of another’s personal information for fraud or deceit, is unfortunately a widespread problem.  And a significant number of bankruptcies involve identity theft as well.  Examples include the filing of bankruptcy with another’s name or listing another person who is in bankruptcy on a deed to avoid foreclosure. Often, identity thieves want [...]

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You Can Keep Your Car During Chapter 7 Bankruptcy, But Should You Sign a Reaffirmation Agreement?

08/06/11

In our current tenuous economic climate, more and more normal, honest, hardworking people are turning to bankruptcy for relief from overwhelming debt. In fact, most people who file for bankruptcy are perfectly responsible citizens who have lost homes, lost law suits, incurred unexpected medical bills or other large, unforeseen expenses. One of the most commonly [...]

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The Liquidation Analysis/Best Interests of the Creditors Test for Chapter 13

08/04/11

When considering a Chapter 13 Bankruptcy, one of the first questions that every debtor wants to know is how much their monthly Chapter 13 Plan payment will be. As with most legal questions, the answer is that it depends. One of the ways to determine how much this payment will be is to perform a [...]

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