BankruptcyLawNetwork

Can I Go to Jail For Not Paying My Bills?

09/28/11

  Yup. Scared?  Well, it just not so simple as that, so don’t believe the collectors when they call and say they will have you arrested and put in jail for not paying a debt.  While it is possible, there are a lot of safeguards for consumers in financial trouble. Let’s start with the basics. [...]

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Should I Keep Paying My Mortgage if My Home Was Destroyed in a Natural Disaster?

09/27/11

Natural disasters have recently destroyed countless homes and uprooted huge numbers of individuals and families.  When the flood/hurricane/tornado/wildfire is over you focus on the destruction to your home, car, and business.  You concentrate your concerns on whether or not you should rebuild, and on how to put your family’s life back together. In upstate New [...]

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Bankruptcy and Identity Theft: Protect Your Confidential Data

09/27/11

Bankruptcy and identity theft?   How can this be an issue if someone is discharging debt?   There are debtors who file for bankruptcy protection due to someone having stolen their identity.  There are bankruptcy debtors  whose identity is stolen and the thief files for bankruptcy.   Then, there are those folks  who worry about [...]

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Benn And The Tax Refund Exemption In Bankruptcy

09/26/11

Sometimes a  strategy causes more harm than good.  Many long-accepted Missouri bankruptcy exemptions have become uncertain or been lost due to one such case.  This is the story of how one strategy blew up to create dangerous  uncertainty for consumers. Bankruptcy exemptions dictate what stuff is protected from a bankruptcy trustee.  As allowed by federal [...]

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Disclose, Disclose, Disclose For Successful Bankruptcy

09/25/11

If your bankruptcy attorney is a member of the National Association of Consumer Bankruptcy Attorneys [NACBA] chances are that attorney participates in a list service discussion of issues along with other bankruptcy attorneys across the country.  The NACBA list allows member attorneys to share practice tips and discuss emerging trends. A recent discussion illustrates the [...]

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Michele Bachmann is more fun than Sarah Palin

09/25/11

If your bankruptcy attorney is a member of the National Association of Consumer Bankruptcy Attorneys [NACBA] chances are that attorney participates in a list service discussion of issues along with other bankruptcy attorneys across the country.  The NACBA list allows member attorneys to share practice tips and discuss emerging trends. A recent discussion illustrates the [...]

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Should You be Concerned About a “Poison Pen” Letter?

09/24/11

Your bankruptcy filing can stir deep emotions.  More than a few times, I have received calls from individual (as opposed to corporate) creditors who, after receiving a bankruptcy notice, have called me to express their displeasure that my client is seeking to discharge a debt.  Sometimes these folks will appear at your 341 hearing to [...]

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Chapter 7 Bankruptcy Payment Plans

09/23/11

When it comes to payment plans for Chapter 7 cases, all fees and costs must be paid before the case is filed. At first glance, this may disappoint you, but most people it’s not a problem. The payment plan period usually overlaps with the pre-filing process. In other words, you and your lawyer need time [...]

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What If My Assets are Not All Exempt?

09/23/11

The majority of Chapter 7 bankruptcies in most jurisdictions end up being no-asset cases. This means that all the debtor’s assets are exempt.  In such a case there are no assets for the trustee to administer and distribute to creditors.  An exempt asset is an asset that can be removed from a debtor’s estate under [...]

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What Happens When A Lender Refuses to Repossess a Vehicle Surrendered in a Bankruptcy?

09/22/11

Unfortunately there is a growing problem of lenders that are refusing to take possession of vehicles surrendered in bankruptcy. We see this not only with motor vehicles but we are also seeing this occasionally in housing. Because of low values some lenders are unwilling to to foreclose to the detriment of the neighborhood. The lender [...]

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