Home

Recent Blog Entries

Chapter 13 Debtors' Tax Refunds: Spend Or Turn Over To Trustee?

by admin | Fri, 03/12/2010 - 11:05

Many taxpayer rely on their tax refunds to pay certain expenses they cannot afford on their normal salary. People who have filed Chapter 13 bankruptcy sometimes ask me what happens to their tax refunds during their bankruptcy. Do they have...

How To Start A New Bankruptcy Law Practice: Helpful Hints

by admin | Thu, 03/11/2010 - 23:13

From time to time I am approached by a younger bankruptcy attorney who says that my bankruptcy blog has helped his new bankruptcy practice. Bankruptcy law is more difficult than when I handled my first case and new bankruptcy attorneys...

Chapter 13 Debtor Can May Make Some Payments Directly To Secured Creditors

by admin | Wed, 03/10/2010 - 11:03

The general rule in Chapter 13 bankruptcy is that the debtor makes one monthly payment to the Chapter 13 trustee who then distributes monthly payments to the debtor’s creditors- the trustee is the collection agent for all creditors. Some debtors...

The Bankruptcy Trustee Is Not The Debtor's Friend

by admin | Sun, 03/07/2010 - 10:26

Once in a while our office gets a call from the Chapter 13 Trustee or one of the Chapter 7 trustees telling us that one of our clients called or wrote their office about an issue in or question about...

Bankruptcy Court Set To Require Mortgage Lenders To Negotiate Mortgage Modifications With Chapter 13 Debtors

by admin | Wed, 03/03/2010 - 20:27

The Orlando bankruptcy court is preparing to adopt a rule providing for mandatory mediation between homeowners and their mortgage companies to facilitate mortgage modification. Congress rejected a change in the bankruptcy code that would have empowered Chapter 13 debtors to...

Chapter 7 Trustees Offer Debtors Practical Tips Concerning Valuation And Buy-Backs Of Personal Property

by admin | Sun, 02/28/2010 - 09:59

The bankruptcy committee of our local Bar association holds monthly luncheons. At the most recent luncheon two Chapter 7 bankruptcy trustees discussed the bankruptcy process from the trustee’s point of view and offered a few good suggestions to debtors’ attorneys....

Debtors' Revenge: Debtor Can Seek Sanction Against Creditors That Fail to Dissolve Bank Garnishment Following Bankruptcy Filing

by admin | Wed, 02/24/2010 - 22:31

As soon as you file bankruptcy an "automatic stay" legally goes into effect which prohibits creditors from taking any action to collect a debt. If a creditor has served a writ of garnishment against your bank account the garnishment action...

Chapter 13 Debt Limits Set To Rise: Many People Still Denied 13 Relief By High Mortgage Debts

by admin | Sun, 02/21/2010 - 22:56

The 2005 bankruptcy law was supposed to encourage, or require, many debtors to file a Chapter 13 repayment bankruptcy instead of a Chapter 7 "wipe out" bankruptcy. People who make too much money relative to expenses usually fail the Chapter...

My First Nomination For The Bankruptcy Debtor's Honor Roll

by admin | Thu, 02/11/2010 - 22:39

Creditors, their attorneys, and some bankruptcy trustees have a negative opinion about bankruptcy debtors. I’ve read comments in the media by laymen that refer to bankruptcy debtors as either dishonest or immoral for avoiding debts they are legally and morally...