For many people, one of the most frightening aspects of bankruptcy is going to court. What’s going to happen? Who will be there? Will I be asked embarrassing questions? Here are 10 things you need to know about your bankruptcy court date: 1. Don’t expect to see the Judge. If you file Chapter 7 Bankruptcy, you will…Read more
The Bankruptcy Means Test, Is It The “Real” Test to Qualify for Bankruptcy?
A bankruptcy judge in Georgia ruled that a debtor would be refused a discharge even though he passed the Means Test. At the time of filing, the Debtor paid monthly mortgage payments of $3,273 per month. When calculating the Means Test, the Debtor deducted the mortgage payments, according to 707(b)(2)(A)(iii)(I). The U.S. Trustee objected to…Read more
Alabama Bankruptcy Judge allows lower interest rate
In re Crittenden: An Alabama Bankruptcy Judge, in In re Briana L. Crittenden, 19 CBN 1049In re Crittenden (Bankr. M.D. Ala. 2009), overruled an auto creditor’s objection to the debtor’s Chapter 13 plan, allowing a lowering of the interest rate. Debtor purchased a vehicle from the creditor five weeks prior to filing a Chapter 13…Read more
Bankruptcy filings up 35%
Bankruptcy filings increased 35% from the first half of 2008 to the first half of 2009. According the the American Bankruptcy Institute, 681,217 bankruptcy cases were filed during the first half of 2009, whereas 503,749 bankruptcy cases were filed in the first half of 2008. This marks a continued upward trend in bankruptcy filings from…Read more
Chapter 7 Bankruptcy: 10 Things You Need To Know
1. Chapter 7 Bankruptcy is still an option for most people, even after the bankruptcy laws changed in 2005. Many people believed (because creditors wanted us to believe) that it is very hard for someone to file Chapter 7 Bankruptcy after the 2005 bankruptcy amendments (BAPCPA). The 2005 bankruptcy laws increased the amount of paperwork…Read more
Bankruptcy Basics – 10 Things You Need To Know About Bankruptcy
Bankruptcy laws can trace their roots to the Bible. The Old Testament had several laws mandating the forgiveness of debts every seven years, and even includes a form of redemption after foreclosure. Bankruptcy laws, or something similar, were enacted by the Romans. Our modern bankruptcy system has it’s roots in British laws from the 1500’s.…Read more
Bankruptcy Right For You? 7 Things To Consider
Bankruptcy is a big step. Hopefully, filing bankruptcy is a once in a lifetime event. Making sure filing bankruptcy is right for you is important. Here are 7 things to consider before filing bankruptcy. 1. Bankruptcy will not ruin your credit for life. Most people facing bankruptcy already have pretty bad credit. Normally, the credit…Read more
Bankruptcy Filings Declining? Economic Recovery? Credit Crisis a Myth?
Bankruptcy filings declining? According to an article at Credit Slips by Bob Lawless, bankruptcy filings declined in December and January. I thought we were in the middle of the worst economic crisis since…well, since forever. If bankruptcy lawyers are filing fewer bankruptcy cases, doesn’t this mean an end to the economic crisis? No. As Bob…Read more
Birmingham Business Bankruptcies Increasing in 2009
Birmingham business bankruptcies will increase in 2009, according to an article in The Birmingham News by Russell Hubbard. In short, every one is cutting back; businesses and individuals. Purchase orders are down. Manufacturing is down. Unemployment is up. Most businesses (and individuals) have operated on very thin capitalization over the last decade, relying on lots…Read more
Filing Bankruptcy? 10 Documents To Give Your Bankrutpcy Attorney
Bankruptcy is a complicated and confusing process. Bankruptcy attorneys sift through numerous documents to determine if bankruptcy is an option for their client and if it is the best option. Before filing bankruptcy, the client must give most of these documents to the bankruptcy lawyer. Please note, the specific documents you MUST give your bankruptcy…Read more
