Exemptions in bankruptcy are all about what you keep. Exemptions define the collection of assets and rights that are safe from the reach of a bankruptcy trustee or your creditors. But planning exemptions in a bankruptcy case is more than just the looking down the list of things you keep through bankruptcy and the dollar amount […]
How to Screw Up Your Bankruptcy
Transferring assets to others on the eve of bankruptcy is the single, easiest way to mess up your bankruptcy case. Everyone seems to think If an asset isn’t titled to you, it does not have to be disclosed in a bankruptcy filing. I hear it and see it in action, again and again. If it […]
How Long Does Bankruptcy Take?
Every client filing bankruptcy asks that question: how long will bankruptcy take? Probably, the real question is “when will this be over?” Like so many questions in the law, the answer is “it depends.” From filing bankruptcy to discharge In a Chapter 7, filing to discharge is about four months; in Chapter 13 it’s three […]
Bankruptcy Alphabet: Z is for Zillion
In my bankruptcy alphabet, Z is for zillion. Zillion is a real word but a made-up number. For certain, it’s lots and lots. It takes a zillion pieces of information, it seems, to file a bankruptcy case. Your last six months of income, business expenses, unemployment benefits. Your last three years of income from work […]
When Can I File Bankruptcy Again
Remember the old high school cheer: two, four, six, eight, who do we appreciate? Turns out, that’s not just a cheer, it’s shorthand for the rule on when you can file bankruptcy again. And it points out that when you can file again depends on what kind of bankruptcy you filed last time. Here’s how […]
Consider The Clawback of Pre-bankruptcy Transfers Before Filing
If you don’t understand clawback in bankruptcy, you might think that bankruptcy involves only what you have when you file. But that’s not how it works. Bankruptcy law gives a bankruptcy trustee to power to unwind transactions and transfers that diminish what the debtor has on the day the case is filed. The idea is […]
Inclusion in Bankruptcy Doesn’t Equal “Discharged”
Convincing clients that all of their debts must be included in bankruptcy is one of the hardest parts of being a bankruptcy lawyer. The struggle often seems Herculean. Sometimes, they will tell me they don’t want to include their car loan in the case because they “need the car”. Sometimes I find the student loan payment […]
Bankruptcy Schedules Are More Than Just Paperwork
Bankruptcy paperwork can make you feel like you are drowning in paper. There’s your paper; there’s the paper your lawyer needs. And there’s the paper the court insists on. Why bankruptcy schedules worth the work It’s easy to try to skate. To cut corners. To shut down. But that paper is critical. Nearly every question, […]
Does My Bankruptcy Lawyer Need To Be From My City?
If you’re inclined pull up a map application to find a bankruptcy lawyer, I gotta ask: is proximity really the most important factor? Not by a mile. You want an experienced, local lawyer, but “local” means active before the judges in the federal judicial district where you live. It doesn’t mean having an office around […]
Doing The Means Test Yourself
Posts on internet bankruptcy boards feature individuals who have “filled out the means test” and then proceed to announce their conclusions. Given the uncertainties in the legal community about how to apply the means test, I can’t imagine a non lawyer learning anything reliable from trying to do this themselves. As a certified bankruptcy specialist, I […]
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