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Don’t Get Fired By Your Bankruptcy Attorney

05/01/12

Lets be honest about one thing, the paperwork requirements for preparing a bankruptcy case are significant. It is very much like filing a tax return in terms of the detail required. Speaking of tax returns, see to it that all the returns that are due are filed before you meet with Bankruptcy Counsel. We are [...]

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IRS Beats Debtor to the Punch; Assessed Taxes Not Dischargeable

05/01/12

Filing timely tax returns is key if you wish to discharge tax debt in bankruptcy It is possible to discharge income tax debt in bankruptcy, however, not all taxes are eligible and timing plays a very important role. If you’re anticipating tax troubles on the horizon, it is always best to go ahead and file [...]

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Can I be Denied a Job Because of Bankruptcy? The Answer May Hinge on Whether Your Employer is Public or Private

05/01/12

I Need to File Bankruptcy, But I’m Worried About My Job… If you have a job, need to file bankruptcy, and are worried about getting fired because of it, you probably shouldn’t be. The bankruptcy code prevents employers from firing you just because you have filed for bankruptcy. However, if you are a job seeker, [...]

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“Friendly” creditor phone calls and e-mails held to violate the bankruptcy discharge

04/30/12

Collection Efforts Prohibited by Bankruptcy Discharge Once you file for bankruptcy and receive your discharge order from the court, creditors are prohibited from attempting to collect on debts that were included in your bankruptcy, period. Section 524(a)(2) of the Bankruptcy Code explains that a bankruptcy discharge “operates as an injunction against the commencement or continuation [...]

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Choosing Bankruptcy

04/26/12

The decision to file for bankruptcy is not an easy one. As a Dallas bankruptcy lawyer, I serve many clients who face stress and anxiety over the process each day, which is why I feel that education and information are powerful tools. Consumers need to understand the type of debt they are carrying and how [...]

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How to Avoid Bankruptcy

04/26/12

I’m Deep in Debt, How Can I Avoid Bankruptcy? Let’s face it, no one wants to file for bankruptcy, however, in certain circumstances bankruptcy is the best solution for dealing with debt that has gotten of control.  In this post, we’ll provide some helpful tips for those of you who are dead set on avoiding [...]

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If the ebt

04/24/12

If the ebt wsa discharged in your BK, you are not liable. Additionally, the company seeking to enforce the debt may be liable for violating the discharge order. You may be entitled to monetary damages. You should consult with a BK attorney in your jurisdiction.

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Does the Means Test Violate the First Amendment?

04/23/12

Does the Means Test Violate the First Amendment? The bankruptcy means test, a much-maligned formula for determining chapter 7 eligibility, has been criticized on many grounds since it’s enactment as part of the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA). Critics in the consumer bankruptcy bar are quick to point out inconsistencies, contradictions [...]

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How the Titanic can Provide a Lesson in Bankruptcy Planning and Preparation

04/17/12

The sad story of the Titanic ocean liner has been in the news recently with the 100 year anniversary of its demise at sea and those that perished with her.  How can the sad tale of this ship provide instruction for us today when planning for and filing bankruptcy? The planning, design and construction of [...]

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Florida Bankruptcy Laws Explained in Plain English

04/17/12

Florida, like most states, has exemption laws that allow residents to shield property from creditors. The Florida bankruptcy laws operate to protect property from the bankruptcy trustee and allow debtors to maintain their assets through the bankruptcy process. Florida is an “opt-out” state, meaning federal bankruptcy exemptions are not available. Florida Homestead exemption Florida bankruptcy [...]

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