chapter 7

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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Orlando Bankruptcy Attorney Facing Malpractice Suit For Ill-Advised And Unnecessary Chapter 7 Filing

03/20/12

I have been asked by legal malpractice attorneys occasionally to review cases they are considering for legal malpractice claims against bankruptcy lawyers. This week a south Florida attorney asked me to look at  a bankruptcy case filed by an Orlando, Florida bankruptcy attorney whom his client wants to sue for legal malpractice. I declined the engagement because I know the attorney about  to be sued, and I want to maintain a professional relationship.

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Personal Bankruptcy's Effect Upon Debtor's Small Business

03/19/12

Many people who file Chapter 7 bankruptcy are self-employed owners of a small business. The business is not doing well, and the owners have accumulated substantial personal debt to support the business and pay personal living expenses while the business could not support them. In many of these bankruptcy situations the debtor would like to keep the business after bankruptcy. They want to know what will happen to their business if they file personal bankruptcy. 

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Non-Collusive Mortgage Foreclosure Held Preferential

03/06/12

 By: Adam S. Cohen

St. John’s Law Student

American Bankruptcy Institute Law Review Staff

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Surrender Of Property To Mortgage Lender Does Not Forfeit Homestead Exemption

02/15/12

Your homestead property is exempt as long as you intend to maintain the property as your permanent residence. When a homestead owner files bankruptcy he must declare his future intention regarding his homestead property and mortgage. The debtor must declare if he intends to reaffirm the mortgage and stay in the house or surrender the property to the mortgage lender and discharge personal liability on th mortgage note.

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I’m Not Current on May Car Payments, Do I Have Options in Chapter 13?

02/06/12

When you are considering bankruptcy, you have often been behind on payments for months.  You have run up credit card debt, and missed payments on your car and mortgage.  And now, perhaps your lender is threatening to repossess your car.  What are your options in Chapter 13 bankruptcy? In Chapter 13, unlike Chapter 7, you [...]

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Wells Fargo Account Freezing Okay in Some States, Not In 9th Circuit

01/30/12

Wells Fargo Freezing Accounts of Bankruptcy Debtors For years, Wells Fargo has taken an unusual and sometimes unpopular stance with regard to the bank account funds that bankruptcy filers have at their branches.  Every evening, Wells Fargo checks the notices of new bankruptcy cases, and freezes the bank accounts of people who have filed bankruptcy [...]

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Repayments Of Retirement Plan Loans As Means Test Expense

01/23/12

Many bankruptcy debtor have borrowed money from their retirement plans in an attempt to pay their monthly debt obligations and avoid bankruptcy. The retirement loans require repayment within a certain time in order to avoid income taxation including penalties. When those debtors do file bankruptcy they often suggest that their required loan repayments to their retirement plan be considered as necessary expenses when they calculate their means test eligibility. 

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Discharge of Debt

01/18/12

A debtor can obtain a discharge of debt by filing for bankruptcy.  A discharge of debt releases the individual’s personal liability for many types of debts.  A discharge prevents creditors from making any collections efforts upon the debtor including phone calls, letters, and threats.    Many types of unsecured debt can be discharged, including credit [...]

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