Bankruptcy Questions

Bankruptcy's Effect Upon Government Security Clearance And Job

01/27/12

People working for the U.S. government in sensitive positions are frequently concerned that filing bankruptcy will jeopardize their government security clearance. I have not heard from any of my own bankruptcy clients that their bankruptcy caused them to lose their government jobs or security status.

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Bankruptcy Debtors Cannot Intentionally Delay Important Petition Amendments

01/05/12

The bankruptcy rules provide that a debtor may amend his bankruptcy schedules at any time prior to the case being closed. The debtor can file amendments which claim additional exemptions or new theories of exemption even when property was not claimed as exempt on the debtor’s initial schedules. 
There are, however, some limits on the debtor’s ability to make amendments. A creditor or trustee may object to an amendment which is made in bad faith or which prejudices the creditors.

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Can Bankruptcy Stop A Residential Tenant Eviction?

09/06/11

About one month ago I received a call from a blog reader about the effect of filing bankruptcy on residential evictions. The caller wanted to know if he could stop an eviction from his rental apartment by filing Chapter 7 bankruptcy.

The answer depends upon the status of the eviction process is at the time of the bankruptcy filing. If the landlord has not obtained a state court judgment entitling the landlord to possession of the property and the removal of the debtor then the bankruptcy will stay the eviction proceeding.

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Book Deals And Movie Deals Are Not Part Of Bankruptcy Estate When Contract Is Signed

08/10/11

One of my new bankruptcy clients is a published author. His career stagnated. He piled up a large amount of unsecured debt to pay living expenses and keep his house. He just signed a substantial book deal to write a new book. His ship is not “in”, but he can see the sail on the horizon.

He has a signed contract with the publisher. When he completes his book the publisher will pay him big bucks. There is a small advance. The man wants to file Chapter 7 bankruptcy.

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Bankruptcy For Illegal Immigrants

08/02/11

Here is some interesting bankruptcy trivia discussed in a blog post by Oregon bankruptcy attorney Kent Anderson. The issue is whether an illegal immigrant can file bankruptcy in the U.S. One would suspect the answer is “no” for any number of reasons.

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Should Casey Anthony File Chapter 7 Bankruptcy?

07/08/11

If I were a law school profession teaching an introductory consumer bankruptcy class I would consider the following question for a final exam: Would You Advise Casey Anthony To File Chapter 7 Bankruptcy? Assume That A Civil Jury Would Find Her Liable For Her Daughter’s Death, and Assume That Ms. Anthony Will Have Lucrative Media Related Income In The Future.

The answer to this question involves several interesting bankruptcy law issues.

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