Recent Blog Entries

Where to File a Chapter 7 Bankruptcy

A bankruptcy case must be filed in the federal district where the debtor has maintained his residence or principal place of business “for the one hundred and eighty days immediately preceding such commencement, or for a longer portion of such one-hundred-and-eighty-day period.” 28 USC 1408. In laymen’s terms, the case must be filed in the bankruptcy district where the debtor has lived for the longest portion of the last six months. If joint debtors reside in tow different federal districts, it may be proper to choose either location.

An all too common preliminary inquiry by a hypothetical debtor, and a reply. Episode 2 of a series.

Joe C.

Brief description of your legal issue:
I foreclosed on my home in 2008 and I had a second mortgage. My second mortgage still has a balance of approx. $39,000.
On my credit report it shows as charged off, but it still reflects against my debt to income ratio.

>This is because a charge off does not extinguish the debt. It helps the creditor with their books, by charging off, but you still owe the $$>

I also have a car payment of $675.00 for a car worth $10K. How does chapter 13 bankruptcy work?

“What Do You Mean They Can Take My Bike?!?”

This past week has been “Bike Week” in Daytona Beach, which is the next county over. It’s not unusual to see groups of weekend warriors out riding around Central Florida, but more so this time of year. One question I’ve learned to ask during any initial bankruptcy consult is what I call “The Toy Question”: Do you have any motorcycles, jetskis, boats, ATV’s, etc.? This question is important because the answer often is a reason for some people to pause and rethink the decision to file a Chapter 7 Bankruptcy.

Several Eastern District of Michigan Bankruptcy Judges to Participate in Continuing Legal Education Seminar About Consumer Bankruptcy Issues

On February 8, 2010, the U.S. Bankruptcy Court for the Western District of Michigan (which covers Grand Rapids, Kalamazoo, Lansing, Traverse City, and Marquette) posted a notice on its website regarding an “Institute for Continuing Legal Education Seminar” to take place April 19, 2010 in Plymouth, Michigan.  The notice (available here) indicates that the featured speakers will be the Honorable Keith M. Lundin and Henry E.

Why you need to file bankruptcy. . .

You can villify me later. For now, I need you to read and get some perspective. Pay attention because we’re going to move fast.
You need to file for bankruptcy.
Let me say it again for those of you who are still shaking your head.
YOU NEED to file for bankruptcy!
There, I gave you a little emphasis to really drive my point home.
Bankruptcy = Responsible Financial Behavior.

Listing and Valuing Household Items

Bankruptcy courts vary as to the specificity required for the description of household furnishings. Most courts are satisfied with a brief description of the types of household goods rather than an itemized list of every item. For example, a debtor can list table settings for eight instead of itemizing each plate, saucer etc… Similar groupings can be used for bedroom and living room sets. Major items such as appliances and items with a high value should be listed separately. A list of items can also be attached separately as an appendix to the petition and incorporated by reference.

Is HARP The Solution To My Mortgage Modification Problems?

John C. Colwell has recently declared non-bankruptcy loan modifications a failure on this forum. Indeed, it is undeniable that federal programs such as The Home Affordable Modification Program (HAMP) have failed to relieve struggling homeowners of mortgage payments they simply cannot afford. The biggest company in the program, Bank of America, has completed modifications for fewer than 2 percent of the 200,000 borrowers it has enrolled.

Sixth Circuit Court of Appeals Looks At Student Loan Hardship Discharge in Chapter 13 Bankruptcy Cases

As various bankruptcy attorneys have discussed on this site, and as I recently discussed on our firm’s website, student loans are not usually discharged in bankruptcy.  However, these debts can be discharged under limited circumstances through a hardship discharge. In the case of Jennifer Cassim v Educational Credit Management Co