Bankruptcy Blogs

Can I Go To Jail For Not Paying My Bills?

10/02/11

There is no debtor’s prison in the United States.  You are not going to go to jail for not paying your bills, unless those bills were incurred by a serious crime, fraud, embezzlement, something of that nature.  However, you can go to jail if you do not appear at numerous court proceedings when a creditor [...]

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Insurance Trust To Protect Death Benefits From Surviving Spouse's Anticipated Bankruptcy

10/02/11

Several months ago a husband and wife consulted with me about filing Chapter 13 bankruptcy. The husband suffered from a terminal disease. He owned an insurance policy on his own life with a $250,000 death benefit. The beneficiary was his wife. Both spouses worked, but the husband was the primary income earner. After his death, the wife would need to file Chapter 13 bankruptcy to save their home including her stripping off a second mortgage and reducing credit card debt.

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The “341 Hearing” – What Should I expect?

10/02/11

The creditors’ meeting, otherwise known as 341 meeting, is a procedural step in every Chapter 7 and Chapter 13 bankruptcy. In a typical 341 meeting, the debtor will be asked questions under oath by the bankruptcy trustee with respect to his or her financial affairs. Most debtors are apprehensive of the 341 meeting. While 341 [...]

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Trustee in Opus South Bankruptcy Files Preference Actions

10/01/11

Last month, Jeoffrey Burtch (the "Trustee"), as Chapter 7 Trustee for the Opus South Bankruptcy, began filing preference complaints seeking to recover what the Trustee alleges are avoidable transfers under the Bankruptcy Code.  For those unfamiliar with the Opus South bankruptcy, the company filed petitions for bankruptcy in the Delaware Bankruptcy Court on April 22, 2009.  The Opus South bankruptcy began as a chapter 11 reorganization.  However,  on August 27, 2010, the Bankruptcy Court entered an order converting the case to a chapter 7 liquidation.  The

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Trustee in Opus South Bankruptcy Files Preference Actions

10/01/11

Last month, Jeoffrey Burtch (the "Trustee"), as Chapter 7 Trustee for the Opus South Bankruptcy, began filing preference complaints seeking to recover what the Trustee alleges are avoidable transfers under the Bankruptcy Code.  For those unfamiliar with the Opus South bankruptcy, the company filed petitions for bankruptcy in the Delaware Bankruptcy Court on April 22, 2009.  The Opus South bankruptcy began as a chapter 11 reorganization.  However,  on August 27, 2010, the Bankruptcy Court entered an order converting the case to a chapter 7 liquidation.  The

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Bankruptcy Can Get Your Driver’s License Back!

10/01/11

Filing a Chapter 7 or Chapter 13 bankruptcy can get your Driver’s License back for you when you have lost your license because of no have insurance! Many States require people that own cars to have motor vehicle liability insurance.   These laws, often called compulsory motor vehicle liability laws, generally require that if you own a car, that [...]

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Bully for BofA: New Debit Card Fees!

10/01/11

Bully for you, Bank of America.  Bank of America's starting charging monthly fees for debit card usage to some customers. This is being taken as an "I told you so" by opponents of the Durbin Amendment, who argued that it would only result in higher costs for consumers. Actually, the BoA move is exactly what we might expect:  consumers are having to pay for their rewards. That's how it should be. They might be paying too much, but that's another matter.  So what does Bank of America's move tell us?

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Regulatory Bankruptcy

10/01/11

My Jotwell review of Sarah Woo's last article is here

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Wells Fargo Bank Charging Monthly Debit Card Use Fees

09/30/11

New Mexico had its largest wildfire in its history this summer — the Las Conchas fire burned  156,593 acres (244.6 square miles) not far from where I live. To me, the continuing harsh economic times also continue to consume ground people once took for granted. In my state, New Mexico, starting on October 14, 2011, [...]

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