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Bankruptcy

The Debt Podcast The Debt Podcast

Hosted by Jay S. Fleischman, a bankruptcy and consumer lawyer located in New York City. Information and news designed to help you learn more about bankruptcy, debt relief, and consumer credit options.

Post Frequency: 4.9/day

Last Entry: November 23, 2010 at 18:33:08

Recent Entries: 1537

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Conflicts of Interest in Bankruptcy

Posted on September 21, 2009
Avoid conflicts of interest when hiring your bankruptcy attorney.


Will I Lose My Retirement If I File For Bankruptcy?

Posted on September 20, 2009
One of the most common fears that people considering bankruptcy have is whether or not they will lose their retirement if they file for bankruptcy. Like all legal questions, the answer to the question of whether or not a debtor will lose their retirement benefits if they file for bankruptcy is that they will probably not [...


Do I need to pass the means test ? I have business debts.

Posted on September 20, 2009
You  have to pass the means test if your debts are “primarily” consumer debts.  This isn’t quite as easy as it sounds. Why?  The word “primarily” is not defined in the Bankruptcy Code. So how do we figure this out? Well, first what’s a “consumer debt”?  That’s not so hard – “consumer debts” are defined in the [...


My bankruptcy case was dismissed. What does that mean?

Posted on September 19, 2009
Recently, I have been receiving a number of calls from people whose bankruptcy case has been dismissed or is about to be dismissed and he or she doesn’t understand what that means.  First, the automatic stay that was imposed when you filed your bankruptcy petition is no longer in effect...


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PROS AND CONS OF REAFFIRMATION IN BANKRUPTCY PART 1

Posted on September 19, 2009
Reaffirmation is one of those strange part of the old bankruptcy code and the new bankruptcy code. (BAPCA)   Over the next few parts I am going to talk about why reaffirmation is bit weird and a little different depending  on what state and what district you are in...


Ninth Circuit Eliminates ?Ride Thru?

Posted on September 16, 2009
On September 15, 2009, the Ninth Circuit Court of Appeals issued its ruling in Dumont with a split 2 to 1 decision, holding that “Ride Thru” is no longer an option in the Ninth Circuit as a result of the new Bankruptcy Laws enacted under BAPCPA...


How Will My Small Business Be Affected By My Personal Bankruptcy? (Part Two)

Posted on September 15, 2009
In a prior post, I talked about operating a business as a proprietorship and how your personal bankruptcy may affect your business.  See here.  Suppose you operate your business as a corporation, how will your personal bankruptcy case affect your business? First, as I had indicated previously, a corporation is a completely separate legal entity...


How to Avoid Bankruptcy Myths and Get Accurate Information

Posted on September 15, 2009
There’s a ton of bad information out there about bankruptcy.  So how do you know the information you are getting is reliable, and where do you go for answers to your questions about bankruptcy?  Here are some tips to avoid bankruptcy myths, and then some suggestions for how to get your questions answered...


Can My Ex-Spouse Use Bankruptcy to Discharge Debts Arising from a Divorce Order?

Posted on September 15, 2009
From time to time I receive emails from men or women who have gone through a divorce and whose ex-spouse has filed a bankruptcy.  They usually want to know if their ex-spouse’s bankruptcy can eliminate obligations set out in a divorce order. In general, Bankruptcy Code Section 523(a)(5) and 523(a)(15) except from discharge debts arising from [...


Are You in Financial Trouble: A Diagnosis

Posted on September 15, 2009
Everyone?s financial situation is different, but there are a few indicators that your finances are already in trouble, or on a fast track there. Often people do not realize the seriousness of their financial situation because of they are living week-to-week...


Keep your car through bankruptcy without risk

Posted on September 14, 2009
Debtors whose budget shows they can’t afford to reaffirm the loan on their car may get to keep the car without reaffirmation under a line of decisions by bankruptcy judges. A number of judges have ruled that “pay and drive” survives bankruptcy reform if the debtor signs a reaffirmation agreement that is denied by the judge [...


Can?t Make Your Mortgage Payments? Your Bank Doesn?t Mind?It Will Use Your House for Parties!

Posted on September 14, 2009
Watch out, if your $18 million home on the beach in Malibu is turned back to the bank–it might become a “Party House”. This is what happened to victims of the Madoff pyramid scheme, who lost their home as a result. According to this article on AZCentral...


Budgeting Problems and Bankruptcy: Part II

Posted on September 13, 2009
Why is it so hard living on a budget?  I believe it has something to do with the many unscheduled expenses of life.   Do we carefully categorize every dollar spent?   Probably not.  As a result, we underestimate how expensive life really is. Yesterday, I joined my wife for a quick trip to the local supermarket...


More Student Loans, School Expenses Not Discharged in Bankruptcy

Posted on September 13, 2009
More student loans are not dischargeable in bankruptcy than ever before and the definition of student loan has been expanded to include private loans and expenses that are not “loans” in the traditional sense of the word loan. The changes came after Congress passed the s0-called bankruptcy reform act in 2005 known as the Bankruptcy Abuse [...


Chapter 13 Debt Limit Qualifications

Posted on September 13, 2009
Recently, the Southern District Bankruptcy Court ruled that certain Chapter 13 Debtors could not qualify for Chapter 13 relief since they exceeded their debt limitations. Pursuant to 11 USc 109(e), chapter 13 relief is not available to debtors with unsecured debt higher than $336,900 or secured debt higher than $1,010,650...


My Chapter 13 Bankruptcy Claims List is Missing Creditors: What Do I Do?

Posted on September 13, 2009
You should not panic if all your creditors did not file a proof of claim in your chapter 13 bankruptcy.  There are many reasons creditors don’t file claims.  If you have given proper notice to all your creditors,  all your dischargeable debts, including unfiled claims, will be discharged upon the completion of the plan...


Lower Credit Card Interest and Balance to Avoid Default

Posted on September 12, 2009
Negotiate a lower payment on your credit card.  Call customer service and ask for a better rate.   “Just work with me.”  These proven common sense tips could save you money on your credit card accounts. More than one out of 10 accounts went 6 months in default last month and that rate is expected to climb [...


Is it Safe to Fly on an Airline that is in Bankruptcy?

Posted on September 11, 2009
Pay attention to these 5 tips to safely fly on an airline that is in bankruptcy. During the past 8 years these airlines filed bankruptcy: Aloha Airlines, America West, ATA Airlines, Braniff International, Continental Airlines, Delta Air Lines, Eastern Airlines, Frontier, Hawaiian Airlines, Northwest Airlines, TWA, United Airlines, and US Air...


Is Filing Bankruptcy A Sin?

Posted on September 11, 2009
Chapter 7 bankruptcy discharges debts, wipes them out. We have all been taught to pay our bills. It is wrong not to pay back what we have borrowed, used, spent. Money that we promised to repay when we borrowed it. This is the message of our culture, whether it was money to buy furniture, a car or [...


Credit Reports Before You File Bankruptcy

Posted on September 11, 2009
I insist that I see my clients? credit reports before every bankruptcy I file.  I prefer to see all three credit reports  as they contain valuable information that can help us prepare a better bankruptcy and determine if a bankruptcy is possible.  The information  contained about an individual?s debts and assets on the reports are [...


Upside Down Car Loans Protected in 8th Circuit

Posted on September 11, 2009
The Eighth Circuit ruled this week that certain types of car loans are protected from “cramdown”  in the Chapter 13 bankruptcy process, reversing decisions in Eastern Missouri. Agreeing with its sister circuits which have addressed this issue, the Midwestern federal circuit court of appeals concluded that loans made during the 910-day period prior to a bankruptcy [...


How Will My Small Business Be Affected By My Personal Bankruptcy? (Part One)

Posted on September 10, 2009
This is a tough question and a lot it depends on how you operate your business.  Before the question is addressed, it may be useful to go back over the various forms of businesses typical of a small business owner. Sole Proprietorship:  This is where you operate the business by yourself–you have not incorporated and you [...


Being Your Own Bankruptcy Attorney is Like Being Your Own Dentist: It Will Hurt

Posted on September 10, 2009
Attempting to be your own bankruptcy attorney is a very bad idea that almost always has disastrous results.  This is true for both Chapter 7 and Chapter 13 bankruptcy cases. I was at bankruptcy hearings this week, and I watched a hearing in which the debtors, a husband and wife, had filed their case without an [...


Bankruptcy and the Upside-Down House: American Dream or Just a Nightmare?

Posted on September 07, 2009
If you’re planning on filing bankruptcy, you need to weigh all your options before you decide whether you should keep your house, especially if it is a house you can’t afford or one in which you have no equity. While this decision is somewhat different based on whether you will be filing under Chapter 7 [...


Nasty Surprise in Credit Union Car Loan

Posted on September 07, 2009
Do you think you could owe twice as much as you thought on your car loan? It could be true, if your car loan is owed to a credit union, you owe a large credit card balance to the credit union, and if the dreaded “cross collateral clause” is lurking in the fine print of the car [...


Lawyers File Bankruptcy Cases Electronically on Internet

Posted on September 07, 2009
Filing for bankruptcy is usually done on the internet by your attorney, helped by special bankruptcy software that most attorneys have.


Can I Transfer My Assets Before I File Bankruptcy?

Posted on September 07, 2009
I am often asked, “Can I transfer my car or my house to my relatives before I file bankruptcy?” The answer is very simple, NO. It is a lot worse when clients come into my office and they have already transferred an asset (often because of bad advice...


Why Should I File Bankruptcy?

Posted on September 07, 2009
Is your financial situation desperate? The Bankruptcy Code may be available to provide you with the “fresh start” you need. We see people in our offices everyday-good, hard-working people-who have fallen on tough times for one reason or another...


Your Car Loan Is from a Credit Union? You May Be in for a Nasty Surprise

Posted on September 06, 2009
Do you think you could owe twice as much as you thought on your car loan? It could be true, if your car loan is owed to a credit union, you owe a large credit card balance to the credit union, and if the dreaded “cross collateral clause” is lurking in the fine print of the car [...


Lawyers File Bankruptcy Cases Electronically On The Internet

Posted on September 06, 2009
Filing for bankruptcy is usually done on the internet by your attorney, helped by special bankruptcy software that most attorneys have.


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