BankruptcyLawNetwork

What is Income for Bankruptcy?

11/05/11

Most of us have an idea of what income is for federal or state tax purposes.   Wages are income, as are gains on the sale of stock.  Dividends and interest also qualify.   We know that.  It’s intuitive and easy to understand. The classic definition of income is that it’s the return on labor or capital.  [...]

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Short Sales, Cancelled Debt, Taxes and Bankruptcy

11/04/11

The latest recession has spawned a whole industry of websites crowing about how to properly deal with too much debt.  For example, if your house is worth less than what you owe on your mortgage, perhaps a website will promise to negotiate a short sale–that is, the lender will accept less than the pay-off but [...]

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Why is Your Lender Making it Harder to Make Your Payments?

11/02/11

You tried every possible way to avoid it, but you finally decided that you had no choice–you filed a bankruptcy.  But you want to continue to pay some creditors, like your house payment and your car payment.  But when you go to make a payment online, or set up a bank draft, you find that [...]

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Charlie Brown, the Great Pumpkin, and the Bankruptcy Court

11/01/11

There’s something about Halloween that makes children and adults alike feel good.  Maybe it’s the costumes, perhaps it’s the candy.  One thing’s for sure – there are few people who don’t smile when screaming, “Trick or treat!” Of course, there’s always the errant egging or toilet papering of the trees in front of the house. [...]

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Changing Online Bank Account Can Be a Problem

10/31/11

Some banks recently started charging debit card use and other fees. (For more, see this post by Andy Miofsky, Illinois Bankruptcy Attorney, http://www.bankruptcylawnetwork.com/banks-want-higher-debit-card-fees/, and my earlier http://www.bankruptcylawnetwork.com/wells-fargo-bank-charging-monthly-de....) The New York Times recently reported how the practical problem of changing an online account from one bank to another contributes to how some banks now charging debit [...]

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In Re Vandenbosch, Social Security And Chapter 13 Bankruptcy

10/28/11

The question of whether a Chapter 13 Debtor must include their social security benefits in the determination of disposable monthly income has been decided in Southwest Florida.  In the past, debtors were required to use their social security to repay creditors claims in their bankruptcy plans.  This was a very unfair practice in my opinion, [...]

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Business does not speak the B word.

10/26/11

The New York Times proclaimed Harvey Miller “The Most Prominent Bankruptcy Attorney in the Nation.”  Mr. Miller may be best known for his representation of Lehman Brothers and General Motors in bankruptcy court.  His firm website lists his advocacy for one side or another in a page-full of bankruptcy cases, a who’s who of corporate [...]

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Why Failing To Plan Is Planning To Fail In Bankruptcy Court

10/26/11

If you are considering filing a bankruptcy petition you should consult with an experienced lawyer so you can do some planning.  But you should be careful; as with most of life, good planning will save you money  but sloppy planning can land you in hot water. I often talk with people who are considering bankruptcy who have [...]

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Bankruptcy Exemptions: The Wages of Benn (Part III)

10/25/11

In the on-going saga of Missouri bankruptcy exemptions, some apparently-settled debtor protections have recently been destabilized.  And this caused an apparent split among bankruptcy judges on at least some of these protections. Recently, this on-going evolution visited the daily wages of consumers.  Missouri has a law which protects a large portion of an individual’s income [...]

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Bankruptcy Filings Decrease: Why? Shelter, Food, and Necessities of Life

10/25/11

Bankruptcy filings continue to decrease according to a report by Epiq Systems in a recent article at Credit Slips by Bob Lawless.   According to the blog, bankruptcy filings are down more than 17% from 201o at the same time last year.  This trend was reported in an earlier article at the New York Times. [...]

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