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Spousal Support Motion “Quacks” Like Support; Excepted From Automatic Stay Protection

03/27/12

There Are Exceptions to the Automatic Stay One of the big advantages for consumers filing personal bankruptcy is the automatic stay. The automatic stay is an injunction that prevents creditors from further collection efforts once a bankruptcy case has been filed. Phone calls, lawsuits and any other form of collection must stop while the debtor [...]

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Filing for bankruptcy can do more than just postpone foreclosure

03/25/12

When someone mentions bankruptcy or foreclosure, it might make you cringe. But many residents of Dayton, Ohio, know of the financial issues that can lead someone toward those outcomes. Sometimes the two come together, but that isn’t always the case. According to experts, filing for Chapter 13 bankruptcy can allow individuals to keep their home [...]

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Timing Your Bankruptcy Filing

03/22/12

As a Dallas bankruptcy lawyer, I have clients in all stages of financial hardship. When people come in for a consultation I like to review their situation individually to determine whether bankruptcy  is right for them and when is the best time to file. I have found that some people may benefit from waiting a [...]

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How to Conduct and Analyze an Initial Client Interview

03/21/12

Meeting your potential client for the first time will set the tone for your entire representation. By having a well-reasoned and thorough interview form, you should be able to gain a great map for what questions you may have for this client, what chapter they may need to file, if they need to file at [...]

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Foreclosure Defense in Montana

03/19/12

You’ve been served a notice and foreclosure is impending. You feel helpless and want to save your home. There is something you can do. Foreclosure defense involves fighting back against a lender who is trying to foreclose to either stall the foreclosure process or stop it altogether. A foreclosure defense lawyer can slow the foreclosure [...]

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Is an Adjacent Lot Part of the Homestead for Exemption Purposes?

03/14/12

Homestead Exemptions Don’t Protect Investment Property Although homestead exemption laws vary by state, none of them protect investment property. A homestead is, by definition, a primary residence. You don’t necessarily need a white picket fence and a golden retriever, but you must live in the home in order to claim the exemption. As a general rule, investment [...]

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Debtor Argues Tax Refund Not Part of Bankruptcy Estate

03/13/12

Tax Refunds are Vulnerable in Bankruptcy We’ve said it time and again on the forum, tax refunds are the number one asset that trustees routinely take from debtors. Exemption laws in most states only go so far to protect cold hard cash and anything over and above your state’s designated exemption is fair game for [...]

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Stop Foreclosure with Chapter 13 Bankruptcy

03/09/12

I get calls on a regular basis from Montana homeowners who need foreclosure help. Like many Americans, Montanans who have fallen on hard times and lost their jobs have not been able to keep up with mortgage payments, as a result, they are in foreclosure. I’ve also chatted with quite a few folks who were [...]

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The Frustrating Saga of Loan Modifications

03/05/12

By: Aaron Huff Over the last few years, a new buzz term has enterred the vocabulary of our troubled economy.  Loan Modification.  The mortgage creditors make it sound so easy.  The President and Congress make it a talking point as if it were a “fix” for our housing and mortgage crisis.  But is it anything [...]

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The Credit Counseling Requirement in Bankruptcy

03/04/12

Before a case can be filed by an individual under Chapter 7 or Chapter 13, the individual must submit to a credit counseling session states Gurnee bankruptcy attorney.  A credit counseling session is a one-hour session that can be done over the telephone or online whereby a credit counselor approved by the office of the [...]

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