Oakland Press

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For those who missed it, our firm was featured in the Oakland Press last year.  You can read the article by following the link here:

Today In Bankruptcy – 05-21-2013

sinbad bankruptcyBringing you the most up-to-date news, tips and blogs throughout the web. Here’s your Bankruptcy Update for May 21, 2013 Sinbad, almost $11M in debt, files for bankruptcy Battery maker B456 Systems’ bankruptcy plan approved GM Bankruptcy Proceedings Delayed by Zombie Whistleblower Case

Inherited IRAs: Exempt Asset, or Not?

As many readers of our blog probably know, IRAs (Individual Retirement Accounts) are exempt under New York State Debtor and Creditor Law and the federal Bankruptcy Code. An exempt asset means that an individual can file for Chapter 7 bankruptcy and keep that asset after the bankruptcy filing. The reason for this exemption is twofold: (1) IRAs are deemed "spendthrift trusts" under New York State and federal law; and (2) the purpose of the law is to give debtors a "fresh start" with some assets, and especially to protect retirement monies for debtors.

Can I Keep Cash I Have On Hand in Chapter 7 Bankruptcy?

Chapter 7 BankruptcyThere are exemptions available in Chapter 7 bankruptcy that may help protect your cash. Although the cash in question has to qualify as an exempt asset.  It’s common for consumers to be afraid of filing in fear of losing cash assets.  The good news is you may be able to retain your cash and other assets [...]

Cancer and Bankruptcy – Or How Debt Kicks You When You’re Down

A study from the Fred Hutchinson Cancer Research Center in Seattle found that cancer patients are 2.5 times more likely to file bankruptcy than people without cancer.  The study was published in the journal Health Affairs.  The risk is even higher for younger cancer patients.  This confirms what bankruptcy lawyers have known for a long time: many people don’t slide into bankruptcy, they are catapulted into bankruptcy or – put another way – debt has a way of kicking you when you are down.

Do I have to hire an attorney to file for bankruptcy?

You do not have to hire an attorney to file for bankruptcy; however, I would strongly recommend that you do so.  You do have the ability to fill out forms online or from an office supply company, go down to the clerk’s office and attempt to handle a Chapter 7 or Chapter 13 bankruptcy case+ Read MoreThe post Do I have to hire an attorney to file for bankruptcy? ap

How to File Bankruptcy: The Bankruptcy Petition

how to file bankruptcyWe’re continuing down the road, helping you file for bankruptcy.
You can do it yourself.
You can hire a petition preparer.
Or you can hire a lawyer.
No matter which option you choose, it’s your responsibility for making sure your bankruptcy case is handled properly. After all, this is your future and your life we’re talking about.

Using Chapter 13 Bankruptcy to Regain Control of Tax Debt

Chapter 13 BankruptcyIf you’re seeking a solution to help manage tax debt then Chapter 13 bankruptcy may be something to consider.  It often depends on the type of debt in question, along with other financial obligations of the debtor.  You may even gain an advantage using Chapter 13 to handle the debt that you may not gain [...]

Student Loans and Bankruptcy

Debtors across both Oregon and Washington who are being harassed by student loan lenders and hope to eliminate these debts through Chapter 7 Bankruptcy must navigate their way through a pretty nasty test. Bankruptcy courts in both Oregon and Washington rely on the three-part Brunner test to asses whether a student loan is dischargeable in bankruptcy based on a claim of undue hardship. This test is based on a thirty-year old U.S. Court of Appeals decision (Brunner v. New York State Higher Education Services Corp., 831 F.2d 395 [2d Cir. 1987])

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