Sooner or later, every realtor will encounter a property involved in a bankruptcy case. Or a property that could escape foreclosure and sell, using bankruptcy. Bankruptcy’s a different world when it comes to real estate. It pays to know how to deal. Let’s walk through the principles and procedures involved when buying or selling real […]
The Struggle To Surrender Underwater Real Estate
How difficult it can be to surrender real property in bankruptcy when you have no hope of paying for it. After all, the lender takes a mortgage on the property so they can take it from you if you don’t pay. My client’s bankruptcy plan said he would make no payments on the rental’s mortgage […]
Claim Tax Deductions Lurking In Your Chapter 13
Tax deductions may be hiding in your Chapter 13. Did you file for an extension of time to file your income tax return? Well, time to get the return done is running out: returns are due October 16th in 2023. If you are in a Chapter 13 bankruptcy case, you may have deductions you haven’t […]
10 Best Bankruptcy Soap Box Posts Of 2015
How do I measure which Soapbox posts from 2015 are my favorites? It’s like asking which of my children I like the best. Some posts I like because the topic is important; some because they are useful; and some I just like because they were fun to write. So, here goes my countdown to the 10 posts […]
Why Creditors Should Get Less in Chapter 13
Spending every dollar they make, and then some, is often how our Chapter 13 clients got into financial trouble. Yet Chapter 13, as practiced, validates the practice of continuing to spend 100% of each month’s income during the life of the plan. In doing so, we, as a society, squander the chance to use Chapter […]
10 Best Bankruptcy & Money Posts Of 2015
Jumping the gun on year end by a bit, I’ve gathered up the 10 most-read posts on Bankruptcy Soapbox in 2015. Without need of an envelop, please, here they are, in reverse order: 10. Debtor Bites Collector Over Stale Debt Continuing a collection action after learning the debt was beyond the statute of limitations […]
At Risk Of Arrest For Not Paying Your Debts?
This fake arrest warrant is wrong in so many ways. Repeat after me: we don’t jail people for debt. More on scams and scammers We’re from the IRS and we’re here to help Phone tip to avoid arrest
Why These Student Loans Got Discharged In Bankruptcy
Discharging the student loans of a truck driver who lived in his employer’s truck or in a homeless shelter, the bankruptcy court found that repaying $37,000 in student loans from 20 years ago would be an undue hardship. Good call, but why does the decision excite? Student loans do get discharged in bankruptcy, sometimes. This […]
Thankful
Professionally, what’s a bankruptcy lawyer thankful for? I’m thankful for experience and a skill set useful to real people with financial problems. I’m thankful for bankruptcy laws, flawed as they are, that allow people to escape debt and focus on the future. I’m thankful for the right to vote for people who might make the laws […]
Why Would Lawyer Choose Consumer Bankruptcy?
I had my fees cut last week in a small Chapter 13 case. The cut ($500) wasn’t large in absolute terms. But the wound is deep and will continue to bleed into my attitude about what I do as a professional. To borrow a phrase from my kids, I feel profoundly disrespected. The case, filed by […]
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