Bankruptcy fraud is a serious federal offense that can cost you more than just your personal possessions but time in prison. There are various ways debtors try to deceive the court from learning more about personal finances.  Many consumers may not realize that by doing one act alone such as concealing an asset can have […]

Follow Advice For A Smooth Chapter 7 If you want a chapter 7 bankruptcy case to go smoothly, then you want to follow all of the advice of your attorney. This advice starts with being open and honest regarding your financial situation.

Allison Mathis, the ex-girlfriend of Miami Heat star Chris Bosh files bankruptcy protection. She is the mother of a 5-year old child fathered by Bosh. She reportedly receives child support payments from Bosh for their child in the amount of $3,000 a month, but many may see this as mere pennies since the NBA star […]

Much of my practice today consists of consulting with clients who are interested in saving their real estate from foreclosure using Chapter 13 of the Bankruptcy Code. The discussions breakdown into two different categories - real estate that is used as a principal residence and real estate that is not used as a principal residence.

A member of the Outlaws Motorcycle Club was recently sentenced to several years in prison for their involvement in an illegal organized scheme in Indiana.  Jamie Bolinger, also known as Jammer, 36, of Martinsville, Indiana was sentenced to 102 months in federal prison after he pled guilty to a slew of offenses including extortion, drug […]

Many prospective bankruptcy filers in Oregon are understandably concerned about the privacy of their filing. At least once or twice a year someone chooses to come in for a consultation with our firm because we have offices in four different cities. I guess the thought is I can meet these guys in Portland where I live, but they can file my bankruptcy in Salem where no one knows me. We can’t.

The Bankruptcy Court Date When you file for Chapter 7 or Chapter 13 bankruptcy, you’re going to have to appear at a 341 meeting of creditors. It is called a 341 meeting of creditors because section 341 of the bankruptcy code requires a debtor to appear and be examined under oath. This 341 meeting of+ Read MoreThe post What To Expect At The Bankruptcy Court Date appeared first on David M. Siegel.

Tax season often raises questions about what will happen to a tax refund if bankruptcy is filed.  This can be the best time to discuss your questions and concerns with an experienced bankruptcy attorney. In many cases it is about timing depending on your unique situation. It may be best for you to postpone your […]

Bankruptcy Judge K. Rodney May from the Middle District of Florida held that the equity passively resulting from market appreciation is not to be counted towards the $125,000.00 cap placed by 11 USC 522 (p) on a homestead exemption for property "acquired" during the 1,215 prepetition period. In re Chouinard, 2006 WL 3873437 (Bankr. M.D. Fla.). The Court followed the holding of In re Rasmussen, 349 B.R. 747 (Bankr. M.D. Fla. 2006) that passive market appreciation is not an interest that a debtor "acquired" during the 1,215 period. See also In re Sainlar, 344 B.R. 669 (Bankr. M.D. Fla.

Do I file jointly with my spouse or can I just file alone? Every prospective bankruptcy filer in the state of Oregon asks this question. Many Portland and Salem filers just don’t want their spouses involved, particularly if the would be filer just isn’t comfortable with the potential impact it could have on their spouse. For other prospective Oregon Bankruptcy filers, the idea of dragging their spouse through the filling process just isn’t particularly appealing.