Garnishment, Bankruptcy & Foreclosure

It's a simple question. However, the answers are sometimes complex.  My friends joke with me because when they ask me a "legal" question that appears on the surface seems "simple," my response typically starts of with "Well...that depends...." When it comes to bankruptcy, the answer to the question of what debts are discharged in the process starts off with "Well...that…Read More

The Bankruptcy Laws are designed to give people a fresh start. A condition of getting the fresh start is that you have to be honest and disclose all of your assets and all of your liabilities. As part of the process, the Court realizes that people need certain things (within reason) to continue on with their lives. Therefore, there are…Read More

Many people grew up with that one credit card “just for emergencies.” There’s nothing wrong with that—until the emergencies pile up faster than you can pay them off. Or you use the credit card to purchase things you cannot afford at that particular time. The purpose of bankruptcy is to give you a break, take control of your financial situation and…Read More

Those filing for Chapters 7 or 13 bankruptcy are required to take a credit counseling course within six months of filing for bankruptcy. Filers are also required to take a debtor education course after they have received their discharge. These requirements were added in 2005, as part of the Bankruptcy Abuse and Consumer Protection Act. Bankruptcy counseling must be done…Read More

Before you can conclude your bankruptcy filing for Chapter 7 or Chapter 13 bankruptcy protection, you must first complete a debtor education course. You have several choices. Most people select to do an online course at their convenience where you can start and stop as often as you like as opposed to travelling to a credit counseling office. The Debtor…Read More

When you file for Chapter 7 bankruptcy, you must provide the Court with your last filed tax return. When you file for Chapter 13 bankruptcy, you must have the previous 4 years of tax returns filed. People who are in need of bankruptcy protection have often tried everything they could to keep from filing bankruptcy, including diverting tax money to…Read More

I am in Bankruptcy Court every week and I have the opportunity to observe a lot of other cases and talk to the Bankruptcy Trustees on a regular basis.  I have noticed over time, that there are some common reasons why other people seem to have trouble with their cases filings. The following list of observations are by no means…Read More

The "Means Test" is a financial income test that was introduced in 2005 as part of the Bankruptcy Abuse Prevention and Consumer Protection Act, which made it harder to file Chapter 7 bankruptcy. The means test is quick evaluation of your income based on your family size. The Means Test calculation is very important and is a determining factor of…Read More

If you are filing either Chapter 7 or Chapter 13 bankruptcy, you will be required to complete a bankruptcy counseling session within six months of your filing. The counseling can be done on-line, over the phone or in person. You might be wondering why that is a requirement if you have already done your homework and decided that bankruptcy is…Read More

The first thing you need to know is that the bankruptcy Court does not provide a law to force the modification of a residential home loan...i.e. force a lender to modify you home loan.  In the commercial setting and in Chapter 11 cases, there are laws that provide for such a modification; however, in the consumer, residential setting, there is…Read More