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Last Entry: March 18, 2011 at 11:35:04

Can I discharge gambling debts? The house has the odds.

Posted on January 31, 2010
Why are gambling debts different than other debts? Well if you took out a marker in Las Vegas, you’d better have been in a position to pay it. A Wisconsin resident learned his lesson the hard way not so long ago. Wisconsin has a strong public policy against the enforcement of gambling debts...

Will I Lose the Rental Property I Own If I File For Bankruptcy?

Posted on January 31, 2010
You may or may not lose your rental property if you file bankruptcy. The two most important issues are whether the property is producing a positive income and whether the property has any equity, as well as which chapter of bankruptcy you file. Maintaining a rental property is not without its costs...

Massachusetts Bankruptcy Judge Endorses Hybrid Plan

Posted on January 31, 2010
Massachusetts Bankruptcy Judge Frank K. Bailey recently endorsed a so-called hybrid Chapter 13 plan which proposed to modify a first mortgage on a multi-family home while, at the same time, extending the payment on the secured claim beyond the life of the plan...

Want a Shorter Chapter 13 Plan? Get a Divorce.

Posted on January 31, 2010
BAPCPA in effect punishes married Ch. 13 debtors if their non-filing spouse has a “decent” income. by forcing them into longer plans. One solution might be to get a divorce. Most courts hold that if your income is above the median income for your state, then your Chapter 13 plan must extend for five, not three, [...

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Parker & DuFresne contributes $5,000 to Jacksonville Area Legal Aid

Posted on January 31, 2010
North Florida?s most needy citizens turn to Jacksonville Area Legal Aid for free legal assistance in all consumer matters. JALA operates on a shoestring budget and relies directly upon the government funding, volunteer services and private financial contributions...

What are the debtor?s duties in a chapter 7 case?

Posted on January 30, 2010
Bankruptcy is like an obstacle course for debtors. You can’t become a debtor without first taking credit counseling from an approved not-for-profit agency. The credit counseling must be no more than 180 days prior to the bankruptcy case. Most courts want you to have taken the credit counseling at least a day before your case...

Move In With My Parents Or File Bankruptcy?

Posted on January 30, 2010
There’s No Place Like Home Many adults would love to return to childhood. A comfortable bed and three meals a day in exchange for a few chores. Financial stress was never part of the deal. Move out of the nest, however, and the pressures of life make their grand entrance...

Bankruptcy and Divorce

Posted on January 30, 2010
All too often money problems lead to divorce. So it?s normal that a bankruptcy (or two) will be part of the picture. Should you file bankruptcy first, or wait until the divorce is filed or concluded? A good question. The answer depends entirely on where you live and what issues need to be resolved in the [...

Tax Refunds and Bankruptcy Part II

Posted on January 30, 2010
How do I protect the tax refund. In part one we discussed why the tax refund can be a problem in bankruptcy. The refund can be a part of the bankruptcy estate and the trustee can take part of your refund and pay your unsecured creditors. Here are some tips to protect most if not all [...

What Does this Chapter 13 Notice Mean?

Posted on January 30, 2010
A lot has changed in the consumer bankruptcy world during the last 20 years, but one thing is constant – the written notices issued by the clerk of court and by the Chapter 13 trustee’s office will cause panic and confusion in the minds of bankruptcy filers...

What can I do about my student loans?

Posted on January 29, 2010
Student loans are becoming more and more troublesome. People essentially mortgage their lives when they take out student loans. Student loans are not dischargeable in bankruptcy. Let’s say that again. Unless you can prove substantial hardship under the very difficult Brunner test, you won’t be able to discharge your student loans in bankruptcy...

Automatic Bill Payments from Your Checking Account and Bankruptcy Don’t Mix Well Together

Posted on January 29, 2010
No doubt, the convenience of having recurring monthly bill payments paid through an automatic deduction from a checking account is an attractive idea for busy people. After all, when the car payment is made without the need for even thinking about it, isn’t your time freed up to think about other things? It seems like [...

Can The City Charge Me For Code Violations If I Surrendered My Property in Chapter 7 Bankruptcy?

Posted on January 29, 2010
Even if you “surrender” your property in a Chapter 7 bankruptcy, the city or municipality can make you comply with code regulations. When you file a Chapter 7 bankruptcy, you have three choices on how to handle secured debt, such as a mortgage or property taxes...

Can I file bankruptcy for someone using a power of attorney?

Posted on January 28, 2010
Bankruptcy cases through people exercising powers of attorney are possible but tricky. Plan in advance and you'll be able to accomplish your objectives for those unable to speak for themselves.

Are Chapter 13 Debt Limits Too Low?

Posted on January 28, 2010
Chapter 13 bankruptcy is especially well tailored to middle and upper middle class Americans who are having financial difficulty. In a Chapter 13 creditors get paid back at least some of what they are owed, and debtors participate in an affordable payment arrangement administered by a Chapter 13 Trustee...

Student Loans: Here’s the Best Way to Pay Them in a Chapter 13 Plan

Posted on January 28, 2010
Student loans, unlike most other unsecured debts, are not discharged after the completion of payments under a chapter 13 plan (unless you qualify for a rare finding of undue hardship). This unhappy fact makes careful drafting of the student loan debtor’s chapter 13 repayment plan especially important...

Professor Elizabeth Warren Explains the Mess We’re In

Posted on January 28, 2010
If you don’t know who Harvard Law School Professor Elizabeth Warren is, you should. She’s a plain-speaking champion of the American consumer and a noted authority on bankruptcy law. Jon Stewart recently hosted her as a guest on “The Daily Show...

Choosing a Bankruptcy Lawyer Today

Posted on January 28, 2010
There is a whole lot out there on how to choose a bankruptcy lawyer. I won’t rehash it all. Much of it is common sense: get a feel for the attorney, learn about your options, and get some information on fees, track record, and experience. I want to focus on the last [...

Bankrupt or Low Income? NC Residents Can Get Help With Prescription Drugs.

Posted on January 28, 2010
Many of my bankruptcy clients are unable to afford their medications. In a press announcement today I learned that North Carolinians who are unable to afford their prescription medicines can now get them for free. Attorney General Roy Cooper, the North Carolina Association of Free Clinics, and NC MedAssist announced today that a pilot program [...

Filing Bankruptcy gives you time

Posted on January 27, 2010
Many people in bankruptcy find their economic lives in shambles. This law gives you time to catch your breath and do what has to be done in your bankruptcy case

Risky Behavior in Bankruptcy: Inaccurate Paperwork, But Debtors Still Get Their Debts Discharged

Posted on January 27, 2010
A recent Kansas bankruptcy case, Wieland v. Viles, Adv. No. 09-7006 (Bky.D.Kan. Jan. 19, 2010), involved a married couple who filed a chapter 7 case together. The chapter 7 trustee asked the bankruptcy court to deny them a discharge under section 727 of the bankruptcy code, due to fraudulently transferring property before filing the case, [...

Can I Deduct My Student Loan Payment As An Expense On My Bankruptcy Petition?

Posted on January 27, 2010
You may be able to deduct your student loan payment as an expense on your bankruptcy petition if you file Chapter 7, but usually cannot if you file Chapter 13. As you probably know, student loan debts are usually not dischargeable in bankruptcy. That means that if you file a Chapter 7, you will still have to pay the [...

How Should Mortgage Payments Be Made While in Chapter 13?

Posted on January 27, 2010
In many Chapter 13 cases, the debtors are supposed to continue (or resume) making your regular monthly mortgage payments directly to your lender. (In some districts, you make those payments through the Chapter 13 trustee, so I’m not talking to you folks...

Public Access to Bankruptcy Filings

Posted on January 26, 2010
Did you know that you or anybody else can see all bankruptcy papers online? ?You can. ?It’s not free but it’s not expensive either. PACER is the Public Access to Court Electronic Records. PACER System lets anyone with a computer and Internet access get any information about any bankruptcy case...

Why Are Adversary Proceedings Necessary?

Posted on January 26, 2010
An Adversary Proceeding is defined as: A lawsuit filed within the Bankruptcy Case. If you are a debtor in bankruptcy, it is possible that you, or your attorney, may sue a creditor or someone else, or you may be sued by a creditor or even the bankruptcy trustee...

What Happens to the TV I Leased From Rent-a-Center if I File For Bankruptcy?

Posted on January 26, 2010
When you file bankruptcy, what happens to the TV you “rented” from Rent-a-Center depends on how the bankruptcy court views the contract you entered into with Rent-a-Center. The court could view the contract as a ?true lease?, which would mean that you would either have to assume or reject the lease...

Do Not Reaffirm Your Car In Massachusetts If Current

Posted on January 26, 2010
You may get a letter from your car lender, forcefully stating that you must reaffirm your car loan under the Bankruptcy Code. This simply is not true in Massachusetts. Massachusetts law says that a car cannot be repossessed if you are current on your payments, including insurance...

My Mail Person Will Know That I Filed Bankruptcy?

Posted on January 26, 2010
I received a phone call once from a very distressed client because I had placed on the outside of an envelope, United States Bankruptcy Court. Now the mailman knew that they filed bankruptcy and I have violated attorney client privilege. This was early on in my practice and a new scenario to me...

Bankruptcy protects you against claims and actions by States

Posted on January 25, 2010
The 11th amendment reserved all rights not given to the United States government to each of the states individually. But the Bankruptcy Clause gave to the United States the exclusive right to deal with bankruptcy.

What if I File Bankruptcy AFTER I Leave My Spouse and Home?

Posted on January 25, 2010
If you are planning on filing for bankruptcy soon after moving out of your marital residence, there are some potentially serious issues to consider. While filing for bankruptcy soon after separating from your spouse and leaving your home is entirely permissible, you should be sure you are fully aware of the consequences, particularly if you have equity in your [...

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