Non-Domiciliary Entitled to Claim Federal Exemptions

In the pre-BAPCPA decision of In re Arispe, 289 B.R. 245 (Bankr.S.D.Fla.)(Mark, C.J.), the court held that a debtor who is a resident in Florida but not a domicile of Florida is entitled to claim the Section 522(d) federal exemptions as the Florida opt-out statute only applies to those domiciled in Florida.

Today In Bankruptcy – 08-13-2013

9293865049_37336a3172_zBringing you the most up-to-date news, tips and blogs throughout the web. Here’s your Bankruptcy Update for August 13, 2013 Electric car charging company Ecotality could file for bankruptcy German VFX Company CinePostproduction Files for Bankruptcy Rothstein bankruptcy distributes $95.8M  

Arkansas Developer Could Face 40 Years Imprisonment for Bankruptcy Fraud

handcuffs_1818414bBrandon Barber recently pled guilty to several charges including money laundering and bankruptcy fraud.  He reportedly changed his plea to guilty from not guilty when appearing in court this week for a hearing.  While other people were involved in what investigators are calling a real estate scheme, Barber plead guilty to one count of bankruptcy [...]

WSJ: Creditor-Proof Trusts Replacing Offshore Accounts

    By ARDEN DALE

    As offshore accounts draw greater scrutiny, some financial advisers are having their clients use a special trust as an alternative strategy to shield their assets from potential lawsuits.

    So far, 15 states allow the creation of domestic asset protection trusts, which safeguard securities or other assets of the owner. In the past, they weren't widely used and few states allowed them.

    Why Using Student Loans To Pay Off Debts Is A Horrible Idea

    federal student loans swap for other debtBefore paying off your debts by taking out student loans, consider the consequences.
    Ever take out a federal student loan and think to yourself, “Hey – I should take out a little extra and pay off my credit cards!”
    How did that work out for you?

    Potential Dangers of Filing Chapter 7 Bankruptcy on Your Own

    Management behind “Day Jams” Plans to File Chapter 7 BankruptcyDebtors exploring the option of filing Chapter 7 bankruptcy on their own without an attorney, (pro se) may be in for a few surprises if they do not know what they are getting themselves into. While it is true you have the option to file on your own, it is often not advised for debtors [...]

    The Rules Of Abandonment Of Property In Chapter 7 Bankruptcy

    abandoned propertyWhen your bankruptcy trustee files a notice of abandonment, it’s time to celebrate.
    When you file for bankruptcy, something called an estate is created.

    Dragnet Clauses

    Dragnet clauses are agreements in lending documents that the collateral will secure in addition to the involved debt, other pre-existing and after after acquired debt.

    JCH LAW FIRM CAN HELP PASADENA RESIDENTS, BUSINESSES, & CREDITORS FILE FOR CALIFORNIA BANKRUPTCY

    My current office is located in the heart of the city of Alhambra, California so that I can easily service all clients in the San Gabriel Valley and beyond.  The city of Pasadena, California is no different.  Oftentimes, Pasadena clients don’t believe or realize just how close the city of Alhambra really is.   A Google maps search indicates it’s merely a 13 minute drive of 5 miles, more or less.

    JCH LAW FIRM CAN HELP PASADENA RESIDENTS, BUSINESSES, & CREDITORS FILE FOR CALIFORNIA BANKRUPTCY

    My current office is located in the heart of the city of Alhambra, California so that I can easily service all clients in the San Gabriel Valley and beyond.  The city of Pasadena, California is no different.  Oftentimes, Pasadena clients don’t believe or realize just how close the city of Alhambra really is.   A Google maps search indicates it’s merely a 13 minute drive of 5 miles, more or less.

    Pages

    Subscribe to Bankruptcy Resources RSS