There are debtors who feel filing bankruptcy may not be necessary when they are unemployed. But as time goes by, you have been unable to repay debt obligations or you have no assets for creditors to seize. When you gain employment again you may start thinking about your finances with intentions of getting back on […]

Congressman Eugene J. Keogh of New YorkIn 2009, the 11th Circuit Court of Appeals  issued its opinion in the case of In re Baker, ___ F.3rd ___, 2009 WL 4912122 (11th Cir.

Each year roughly 1 million cases are filed in bankruptcy court.  During 2012 it was estimated that hundreds of thousands of petitions filed included foreclosure, but this wasn’t the prime reason why many filed.  A recent study took a look at why many cases were filed that year, with some surprising results.  While many households […]

I read over the weekend about Capital One Credit Card's new contract with cardholders.  Capital One has added a creep factor to their slogan, "What's in your wallet".  The new card holder agreement provides that they can personally visit you at your home and at work.

The ultimate goal of your chapter 7 or 13 bankruptcy is receiving a discharge from the court. In a chapter 7 bankruptcy this occurs after your paperwork is filed, the meeting of creditors is held, the time period has passed for any creditors to object to a discharge, and you have completed your required financial education course. The post Bankrupcty Discharge appeared first on Tucson Bankruptcy Attorney.

When considering filing for bankruptcy there are a number of factors to evaluate. Many of our clients are facing serious financial and emotional losses, perhaps even including foreclosure of a home or repossession of a vehicle. We can help with these issues and many others. When you file a bankruptcy petition creditors are not permitted to keep contacting you for payment. Now, there are some exceptions; for example, if you want to keep your house you may find it easiest to discuss small matters (like a payment address or a change in escrow accounts) directly with your lender.

Being honest when you file bankruptcy can help you avoid making mistakes that lead to bumps in the road as the case proceeds. Bankruptcy is a privilege that deserves your cooperative attention while working with the court to ensure you get a favorable result. The following points are a few common mistakes made by debtors […]

On February 22, 2012, the 11th Circuit Court of Appeals issued its decision in Jennings v. Jennings, 670 F.3d 1330 (11th Cir. 2012).  The case involved the issue of whether debt arising from the debtor's active participation with a co-conspirator in performing a fraudulent transfer of real property was excepted from discharge under 11 U.S.C. §§523(a)(6) which provides that a debt for "willful and malicious injury by the debtor to another entity or to the property of another entity" is non-dischargeble. The Court upheld the District Court's decision that the claim was non-dischargeable.

In the recent case of Guillermo A. Morales, Case No. 07-16284-BKC-RBR, (Bankr.S.D.Fla. January 2, 2008)(Ray, J.) the Bankruptcy Court was given the opportunity to interpret new section 222.25(4), Florida Statutes which allows a debtor to exempt personal property not to exceed $4,000 if he does not "claim or receive the benefits of a homestead exemption under s. 4, Art.