Sort of unwittingly, I got involved in one of the bigger issues plaguing bankruptcy courts recently: the claim filed in the bankruptcy by the debt buyer without supporting documentation. I objected to a claim filed a client’s case by Roundup Funding, who had never had any contact with my client prior to filing. There were […]
Sell first, litigate later
Meeting with a client with Truth in Lending claims the other day reminded me about the power of the Bankruptcy Code to facilitate the sale of property subject to disputed liens while preserving the claims against a secured creditor. These clients had property they wanted to sell but the amount they owed the holder of […]
Muttering about the means test
The stupidity of the means test as a metering device in bankruptcy was apparent as I worked through the case of a single debtor. Because she is a renter with an old, paid-for car, and no unpaid taxes, the means test will compel her to pay a significant amount monthly to her Chapter 13 plan. […]
Should You Keep Your Stuff After Bankruptcy?
The usual question for a bankruptcy attorney is “can I keep my (fill in the blank)”. Whether it’s a house, or a car, or a computer, clients want to know if filing bankruptcy will strip them of their “stuff” bought on time. Frequently the answer is that they can keep the asset as far as the […]
Find The Best Bankruptcy Information Online
Need to understand bankruptcy? Just Google it. No issue is too important or complicated that we doubt we can understand it by reading on the ‘net. The computer has replaced the library as our first response to an unknown. Even my 85 year old mother, a computer novice, reacts to an information vacuum by heading to […]
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