BankruptcyQuestionsNationalBankruptcyForum

The 10 Steps to Take Prior to Filing Bankruptcy

10/26/11

Bankruptcy is very often a time-sensitive process and pre-bankruptcy planning can be critical in protecting assets. Chapter 7, in particular, the trustee’s responsibility is to “look back” at the actions the debtor has taken to insure that there hasn’t been a fraudulent conveyance of assets, a non-allowed preference payment to creditors or other actions that [...]

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Why Hire A Bankruptcy Attorney?

10/26/11

Many people have been successful representing themselves in a bankruptcy case. However, as a Dallas bankruptcy attorney, I encourage everyone to be aware of some potential mistakes made by many who have represented themselves. It  is important for anyone considering bankruptcy to understand the importance of each step of the process. Filing The Case Filing [...]

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In re: Rankin, No. 10-62340-13

10/25/11

In re: Rankin, No. 10-62340-13 (Bankr. D. Mont., January 21, 2011).   When you file for Chapter 13 bankruptcy, you propose to the bankruptcy court your plan to repay what you owe to your creditors.  There are many requirements that each plan must meet in order to be approved by the court and put in [...]

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Compassion Fatigue in Consumer Bankruptcy Attorneys and Mental Health Professionals

10/24/11

In September of 2011 I took an informal survey of National Association of Consumer Bankruptcy Attorney (“NACBA”) members on professional burnout.  Through a post on the NACBA listserv discussion group I asked NACBA members to rate on a scale of 1 to 10 how burned out they had gotten from practice and what were the [...]

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The Massachusetts Foreclosure Mess

10/24/11

The Gogel and Gogel Foreclosure Blog The Massachusetts Supreme Judicial Court gets the foreclosure fraud problem and has strongly stated that parties filing foreclosure actions must have title to the mortgages they attempt to foreclose and must be able to prove that the chain of title supports that assertion. It is a new day in [...]

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How to Ward Off “Zombie” Debt

10/24/11

When debt comes back from the past to attack living debtors, many debtors are unclear on their rights and the statute of limitations in regards to “zombie” debt, or debt typically purchased by debt buyers in which the window of collections has expired. In general, “zombie” debt refers to debt over 10 years old that [...]

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A Lesson in Tenacity From Walt Disney and Steve Jobs

10/24/11

While many associate the word “bankruptcy” with “epic failure”, history shows us that through the adversity of life one must use knowledge and tenacity to turn “epic failure” into, just, “epic”. In 1923, Walt Disney’s creditors forced bankruptcy upon him and assumed his assets to settle his debts. Likewise, after many ups and downs, including [...]

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Bankruptcy Reform

10/22/11

People who are facing mortgage foreclosure routinely ask me if they can get their house payment lowered by filing bankruptcy.  This question highlights a common misconception of bankruptcy law, and may be the result of news articles dealing with the mortgage foreclosure crisis.  Last year the House of Representatives passed H.R. 1106: The Helping Families Save Their Homes Act [...]

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The Barton Doctrine and Trustee Lawsuits

10/21/11

So you want to sue a bankruptcy trustee? First get in line. Next, come to the realization that it might not be quite as easy as you’d think. Before a trustee can be sued for actions that fall within their official duties of administering the bankruptcy estate, the plaintiff must seek permission from the trustee’s [...]

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Why Filing for Bankruptcy is a Better Choice than Credit Counseling

10/20/11

Is Credit Counseling a Step in the Right Direction? Credit counseling most often involves consolidating outstanding debts as much as possible and then developing a negotiated repayment plan for a reduced payment over time to all of your creditors. Credit counseling is often a first step taken by those who have significant debt due to [...]

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