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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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Can I Transfer My Assets Before I File Bankruptcy?

Posted on September 06, 2009
I am often asked well 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 they come into my office and they have already transferred an asset (often because of bad advice...


Why Should I File Bankruptcy?

Posted on September 06, 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...


Are Bankruptcy Lawyers ?Debt Relief Agencies?? Soon, the Supreme Court Will Let Us Know

Posted on September 06, 2009
When Congress passed bankruptcy “reform” in 2005, it included provisions requiring consumer bankruptcy lawyers to call themselves “Debt Relief Agencies,” restricting the information we could provide our clients, and adding all sorts of disclosures and disclaimers that did little more than generate lots and lots of paper...


Budgeting Problems and Bankruptcy: Part I

Posted on September 06, 2009
A good bankruptcy lawyer will take time to help you figure out your monthly household budget.  In other words, how much money hits your kitchen table every month and how is it spent? It is all about income and expenses. Calculating income is the easier part...


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How Fast Can I File for Bankruptcy?

Posted on September 06, 2009
“My wages are being garnished!” “I have a foreclosure scheduled for tomorrow!” “They’re going to come and repossess my car tonight!” As a bankruptcy attorney, I have heard all these, and more, as reasons why a potential client’s case needs to be filed TODAY...


What Is ?Income? In A Chapter 13?

Posted on September 06, 2009
Many debtors are surprised to learn that income to the bankruptcy court doesn't just include taxable income. Income can be defined different ways depending on which section of the bankruptcy code is involved.


Valuation of Assets in Bankruptcy: Does it Really Matter? (Part One)

Posted on September 06, 2009
The new bankruptcy law, BAPCPA (”Bankruptcy Abuse Prevention and Consumer Protection Act”) requires that a debtor’s assets must be valued at “replacement cost.”  In fact, if you meet with your attorney, he will give you a notice required by section 527(c) of the Bankruptcy Code, which probably explains valuation similar to this section from the [...


Will I Lose My House If I File Bankruptcy?

Posted on September 06, 2009
Whether or not you will be able to keep a house after filing for bankruptcy will depend on several factors. Are you current on the mortgage? If you are current on the mortgage you can continue to pay the secured debt in a Chapter 7 bankruptcy while getting rid of your unsecured debt such as credit card [...


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

Posted on September 06, 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 [...


The 6 Chapters of Bankruptcy

Posted on September 05, 2009


Good News for Responsible Spouses: You Aren’t Responsible for the Other Spouse’s Debts

Posted on September 05, 2009
One of the most enduring myths about the law is that spouses are legally responsible for each other’s debts — but it simply isn’t true, not even in a community property state. Why, then, do so many people seem to “know” this is so, when it’s just a myth? The answer probably lies in the nature [...


Lawyers File Bankruptcy Cases Electronically On The Internet

Posted on September 04, 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 04, 2009
I am often asked well 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 they come into my office and they have already transferred an asset (often because of bad advice...


Why Should I File Bankruptcy?

Posted on September 04, 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...


Are Bankruptcy Lawyers “Debt Relief Agencies”? Soon, the Supreme Court Will Let Us Know

Posted on September 04, 2009
When Congress passed bankruptcy “reform” in 2005, it included provisions requiring consumer bankruptcy lawyers to call themselves “Debt Relief Agencies,” restricting the information we could provide our clients, and adding all sorts of disclosures and disclaimers that did little more than generate lots and lots of paper...


Budgeting Problems and Bankruptcy: Part I

Posted on September 04, 2009
A good bankruptcy lawyer will take time to help you figure out your monthly household budget. In other words, how much money hits your kitchen table every month and how is it spent? It is all about income and expenses. Calculating income is the easier part...


How Fast Can I File for Bankruptcy?

Posted on September 04, 2009
“My wages are being garnished!” “I have a foreclosure scheduled for tomorrow!” “They’re going to come and repossess my car tonight!” As a bankruptcy attorney, I have heard all these, and more, as reasons why a potential client’s case needs to be filed TODAY...



What Is “Income” In A Chapter 13?

Posted on September 04, 2009
Many debtors are surprised to learn that income to the bankruptcy court doesn't just include taxable income. Income can be defined different ways depending on which section of the bankruptcy code is involved.


Valuation of Assets in Bankruptcy: Does it Really Matter? (Part One)

Posted on September 04, 2009
The new bankruptcy law, BAPCPA (”Bankruptcy Abuse Prevention and Consumer Protection Act”) requires that a debtor’s assets must be valued at “replacement cost.” In fact, if you meet with your attorney, he will give you a notice required by section 527(c) of the Bankruptcy Code, which probably explains valuation similar to this section from the [...


Will I Lose My House If I File Bankruptcy?

Posted on September 04, 2009
Whether or not you will be able to keep a house after filing for bankruptcy will depend on several factors. Are you current on the mortgage? If you are current on the mortgage you can continue to pay the secured debt in a Chapter 7 bankruptcy while getting rid of your unsecured debt such as credit card [...


Are Bankruptcy Lawyers ?Debt Relief Agencies?? Soon, the Supreme Court Will Let Us Know

Posted on September 03, 2009
When Congress passed bankruptcy “reform” in 2005, it included provisions requiring consumer bankruptcy lawyers to call themselves “Debt Relief Agencies,” restricting the information we could provide our clients, and adding all sorts of disclosures and disclaimers that did little more than generate lots and lots of paper...


How Fast Can I File for Bankruptcy?

Posted on September 02, 2009
“My wages are being garnished!” “I have a foreclosure scheduled for tomorrow!” “They’re going to come and repossess my car tonight!” As a bankruptcy attorney, I have heard all these, and more, as reasons why a potential client’s case needs to be filed TODAY...


Budgeting Problems and Bankruptcy: Part I

Posted on September 02, 2009
A good bankruptcy lawyer will take time to help you figure out your monthly household budget.  In other words, how much money hits your kitchen table every month and how is it spent? It is all about income and expenses. Calculating income is the easier part...


Valuation of Assets in Bankruptcy: Does it Really Matter? (Part One)

Posted on September 01, 2009
The new bankruptcy law, BAPCPA (”Bankruptcy Abuse Prevention and Consumer Protection Act”) requires that a debtor’s assets must be valued at “replacement cost.”  In fact, if you meet with your attorney, he will give you a notice required by section 527(c) of the Bankruptcy Code, which probably explains valuation similar to this section from the [...


Will I Lose My House If I File Bankruptcy?

Posted on September 01, 2009
Whether or not you will be able to keep a house after filing for bankruptcy will depend on several factors. Are you current on the mortgage? If you are current on the mortgage you can continue to pay the secured debt in a Chapter 7 bankruptcy while getting rid of your unsecured debt such as credit card [...



What Is ?Income? In A Chapter 13?

Posted on September 01, 2009
Many debtors are surprised to learn that income to the bankruptcy court doesn't just include taxable income. Income can be defined different ways depending on which section of the bankruptcy code is involved.


After the Meeting of Creditors in a Typical Chapter 7 Bankruptcy

Posted on August 31, 2009
The meeting of creditors in a normal consumer Chapter 7 Bankruptcy is often the last thing that the debtor has to do.   There is a debtor education course that has to be finished after the bankruptcy is filed, and it must be completed within 45 days of the meeting, but most debtors get it [...


Good News for Responsible Spouses: You Aren?t Responsible for the Other Spouse?s Debts

Posted on August 31, 2009
One of the most enduring myths about the law is that spouses are legally responsible for each other’s debts — but it simply isn’t true, not even in a community property state.  Why, then, do so many people seem to “know” this is so, when it’s just a myth? The answer probably lies in the nature [...


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