chapter 7

Dismissals by Interested Parties

12/04/11

Bennett v. Bennett (In re Bennett), No. 09-44442-BDL (Bankr. W.D. Wash., January 19, 2011). When you file for bankruptcy, any “interested” party can ask the court to dismiss your case.  If the court finds that you abused the bankruptcy laws, by lying or hiding assets, the court will agree and dismiss the case.  You will [...]

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The Power of the Bankruptcy Court

12/04/11

 In re: Moser, No. 09-11945 (Bankr. N.D. Calif., May 18, 2011). In your interactions with the bankruptcy court, it is important to be as kind and respectful, and honest as possible.  The bankruptcy court has a lot of discretion in making important decisions that will influence your life for a long time.  It is not [...]

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Some Believe Bankruptcy Laws Exacerbated Housing Market Crisis in Arizona

11/26/11

Some Believe Bankruptcy Laws Exacerbated Housing Market Crisis in Arizona   Could laws changing the requirements for filing bankruptcy worsen or even cause the housing crisis we have seen in the United States over the last three years?  Some believe so, and are arguing that the law should be repealed. In 2005, Congress passed a [...]

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How Much Control Do Bankrupt Dodgers Have Over Baseball Decisions?

11/26/11

How Much Control Do Bankrupt Dodgers Have Over Baseball Decisions?   Not long ago, the Los Angeles Dodgers filed for bankruptcy.  This move was controversial, and concerned many baseball fans.   As sports fans are well aware, good players demand high salaries.  But can the Dodgers renegotiate salaries, and make other financial decisions, while going through [...]

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Court Rebukes Chapter 7 Trustee's Attack On Debtors' Upside Down Homestead

11/13/11

I’ve written recently about some Chapter 7 trustees trying to take or administer  “upside down” homestead properties when the bankruptcy debtor chooses not to claim a homestead exemption because their home has no equity. The debtors purposefully avoid claiming the homestead exemption in order to then qualify for the $4,000 wildcard exemption that they can employ to protect cars and other personal property.

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Amending Bankruptcy Exemptions : Court Says Its Never Too Late To Change

11/09/11

Debtors may want to amend their exemption plan (on Schedule C) for several reasons during their bankruptcy case. For example, the debtors may find it advantageous to shift their exemption limits from one asset to another asset to make sure preferred assets are completely covered by exemptions. If the  valuation of one or more assets becomes an issue a debtor may want to remove an exemption from one asset to fully protected the increased value of another asset.

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Deciding Which Bankruptcy Chapter Is Appropriate

10/29/11

Bankruptcy may provide some relief to a borrower under financial stress and overwhelmed with debt. Typically, there are two types of bankruptcy available to a debtor, Chapter 7 bankruptcy and Chapter 13 bankruptcy. The requirements and benefits offered by the two types of bankruptcy differ greatly. ATampa bankruptcy attorneycan explain the differences between the two [...]

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Credit Repair After Bankruptcy

10/21/11

I receive many questions about credit repair after filing bankruptcy. Credit scoring and reporting is not a bankruptcy law issue; it is more a matter of personal finance. What follows is a Guest Post of Mr. Ed O'Brien who works in the are of personal credit, and who maintains a website on the subject.

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Means Test Deductions Do Not Include Mortgage Payments For Surrendered Property

10/06/11

The Chapter 7  means test permits debtors to deduct from income the amounts of the debtor’s monthly mortgage payments. Many people who are walking away  from upside down mortgaged property file bankruptcy because they want to wipe out liability for a mortgage deficiency claim. The debtor would properly state on his bankruptcy petition his intent to surrender the upside down property.

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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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