Re-Filing Chapter 13 Bankruptcy Provides A Welcome Surprise

Current Chapter 13 Bankruptcy Client I have a client that is currently in a chapter 13 bankruptcy case, but is struggling to make her plan payments. The trustee has filed a motion to dismiss the case for failure to make timely payments. My client is approximately $1500 behind even though her trustee payments are being+ Read More

Debt Collectors will be on you like a duck on a junebug

This article in the Norfolk paper about Portfolio Recovery explains something I had only guessed at, before.  Debt collectors know when your finances improve.  Debt collectors pay the credit bureaus to tell them. I’m a Virginia bankruptcy attorney, and I know people want to put off filing bankruptcy for as long as possible. Some people come […]

Are Funds in an Inherited IRA Protected in Bankruptcy?

The Supreme Court finally addressed the issue of when an IRA does not count as a retirement account. For nearly ten years, the question of whether inherited IRAs are protected during bankruptcy has gone unanswered. Finally, the Supreme Court has answered it with a unanimous no. In Clark v. Rameker, Heidi Heffron-Clark filed for bankruptcy... Read more »

Are Funds in an Inherited IRA Protected in Bankruptcy?

The Supreme Court finally addressed the issue of when an IRA does not count as a retirement account. For nearly ten years, the question of whether inherited IRAs are protected during bankruptcy has gone unanswered. Finally, the Supreme Court has answered it with a unanimous no. In Clark v. Rameker, Heidi Heffron-Clark filed for bankruptcy... Read more »

Are Funds in an Inherited IRA Protected in Bankruptcy?

The Supreme Court finally addressed the issue of when an IRA does not count as a retirement account. For nearly ten years, the question of whether inherited IRAs are protected during bankruptcy has gone unanswered. Finally, the Supreme Court has answered it with a unanimous no. In Clark v. Rameker, Heidi Heffron-Clark filed for bankruptcy […]

7th Annual Chicago Consumer Bankruptcy Conference

This post is specifically directed to consumer bankruptcy attorneys located in the Chicago area. The American bankruptcy Institute is holding their seventh annual Chicago consumer bankruptcy conference to be held on November 11, 2014. The conference will take place at the University of Chicago Gleacher center. The conference will focus on current issues affecting debtors+ Read More

Supreme Court Applies its Stern Ruling and Issues a Narrow Decision Holding that Bankruptcy Courts Can Hear, But not Decide, “Stern Claims”

In 2011, the U.S. Supreme Court (the “Court”) issued
its noteworthy decision in Stern v. Marshall,1 in which it held
that bankruptcy courts lack the constitutional authority to enter a final
judgment on a state law counterclaim that is not related to the bankruptcy
proceeding. Since Stern, a number of cases have been published - at both
the bankruptcy court and court of appeals levels - where Stern
jurisdictional issues have been raised and adjudicated. We recently wrote about

Chicago Bankruptcy Lawyers Want To Hear The Chapter 7 Trustee State “I’ll Make A Finding Of No Assets.”

Chicago Bankruptcy Lawyers Chicago bankruptcy lawyers want to have their clients’ bankruptcy cases be determined to be no asset cases by the panel trustees. This rather simple expression means that the debtor is not going to lose any property while going through the bankruptcy process. As a bankruptcy lawyer, my goal is to get a+ Read More

Overtime Charges and the Legal Fee for Chapter 13

What’s the Legal Fee for Chapter 13 in Virginia? People ask all the time, what’s the legal fee for Chapter 13? That should be easy, but it’s tough.  Here’s my attempt at a straight answer. The fee I charge you in chapter 13 is set in two ways.

A New Start In Life–Out of the Depths of Dispair

Three years after bankruptcy–from the depths of despair to building a retirement home. I love being a bankruptcy lawyer, because I can help almost everyone I see. Just before the July 4 Holiday, while I was rushing to wrap up some work,  this email came from a a friend I’ll call John Blackstone.

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