Three kinds of debt survive bankruptcy discharge, because they are unlike the other sixteen non dischargeable debts. Those three exceptions to discharge look, not at the kind of debt such as taxes, or support or student loans. Rather the exceptions look at how the debt arose. These exceptions prevent bad actors from escaping the consequences in bankruptcy. […]
The Strange Rules When A Creditor Is Left Off Bankruptcy Schedules
What happens if you miss putting a creditor on your bankruptcy schedules? In the bustle of preparing to file bankruptcy, a slip up is not uncommon. Notice is one of the fundamental rules of bankruptcy. Everyone to be affected by a bankruptcy case gets notice. That notice provides the creditor with an opportunity to participate […]
10 Top Tricks Of The Lending Industry
The tricks lenders use to sell you a bad loan are limited only by the imagination of the lender. And they’re all conceived with one end in mind — big profits, not helping you. And, unlike Pinocchio’s ever-growing nose, the consumer doesn’t see any tell-tale signs that warn of deception at work when credit’s being […]
$7000 Off The Price Of The Car In Chapter 13
How would you like to reduce your car payment, by lots? In a recent case, Chapter 13 allowed my client to save $7000 off the loan balance based on an examination of the car finance contract. You couldn’t see the issue from the monthly statement. When I got the finance agreement itself, I found the […]
Bankruptcy Alphabet: E is for Exemptions
E stands for exemptions in my Bankruptcy Alphabet. Exemptions describe the possessions you get to keep when you file bankruptcy. E could also stand for Exception, since exemptions are the only place in bankruptcy law where the law is explicitly different from state to state. Exemptions vary The Bankruptcy Code gave the states the right […]
Time Running Out On Dynamite Business Reorganization Opportunity
In less than a month, the nifty new small business bankruptcy option that makes Chapter 11 feasible for the little guy reverts to its far smaller debt limits. Still great, but available to fewer troubled businesses. SBRA is a new subset of a Chapter 11 bankruptcy reorganization. Also called a Subchapter V case, it’s designed […]
Free Bankruptcy Advice: 5 Reasons Why I’m Not Free
There’s no free bankruptcy advice in my office. Unlike many, we charge for that initial meeting with a lawyer. (There’s no free lunch either.) That makes us different from lots of other bankruptcy lawyers. Different enough to offend a prospective client who called up this week. He was unwilling to pay for a consultation, and stormed […]
High Income Earners Pass Bankruptcy’s Means Test
ALERT: Being above the median income on the means test is not an automatic bar to filing bankruptcy I’m so used to railing against deliberate campaigns of misinformation about bankruptcy that I forget that there’s a lot of innocent ignorance out there. Start with “qualifying” for bankruptcy. A very earnest and ethical financial counselor was […]
When You Can’t Pay Your Bills Because Of The Virus
The coronavirus has us locked at home where the worry demons play unrestrained in our heads. Money troubles cause us worry, in “good” times. These are hardly good times. As more and more of us are hit with shelter-in-place orders that keep us from work and our kids from school, we have even more time […]
Chapter 13: Know Who Gets Paid First Under Your Plan
Who gets paid in Chapter 13, and in what order, makes a huge different when charting your course. Sometimes, we must realize that reality exists outside of television shows. And when real-world reality hits some debtors, it’s a trainwreck. It comes up for me when Chapter 13 clients and I sit down to write the […]
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