United States Trustee Ends Random Audits For Oregon and Washington Chapter 7 Bankruptcy Cases

Due to severe budgetary constraints, the United States Trustee is no longer designating bankruptcy cases for random audits. Bankruptcy attorneys across both Oregon and Washington who had to cope with the burdensome audit requirements aslong with their clients are now breathing a heavy sigh of relief

Should a Personal Loan Owed to a Family Member or Friend Be Included When Filing Bankruptcy?

lendingtofriends1One of the most important elements debtors should review when considering bankruptcy is how personal debt is handled by the court.  When you file, you are required to list outstanding debt including loans owed to friends or family.  Depending on the chapter you file they are handled differently.  For the most part, these types of [...]

Transfer of property to a spouse to frustrate creditors

Here at Shenwick & Associates, we often get questions from clients if they may transfer a house or an apartment from one spouse to the other after being sued or prior to a bankruptcy filing. In In re Panepinto, Case No. 12-11230K (Bankr. W.D.N.Y., Feb. 25, 2013), an upstate Bankruptcy Court considered this question and held that such a transfer could be a fraudulent conveyance and set aside.

Today In Bankruptcy – 04-23-2013

10210079-largeBringing you the most up-to-date news, tips and blogs throughout the web. Here’s your Bankruptcy Update for April 23, 2013 Jon Corzine sued by MF Global Holdings bankruptcy trustee Louis Freeh Janice Dickinson Broke? Supermodel Reportedly Declares Bankruptcy How to Find a Great Bankruptcy Attorney

Can Pay Day Loans be Wiped Out or Repaid in Bankruptcy?

images (6)Payday loans, also known as a cash advance, are short-term loans borrowers obtain against their next paycheck.  While they seem convenient in helping you get necessary expenses covered between pay days, many find themselves trapped in trying to break the cycle of getting it paid without the need to take it out again.  Due to [...]

Debt And Divorce: Getting Your Name Off A Joint Account

debt divorce joint accountThey’d been divorced for years when she discovered he’d been messing with her credit score.
She called in tears, sobbing about how her ex-husband was supposed to have removed her name from the joint credit card as part of the divorce decree. He hadn’t done so, fell behind on the payments to the creditor, and now her credit score looked like swiss cheese.

“Cram Down”

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Protecting Assets in Bankruptcy: Personal Property Debtors Commonly Forget to List When Filing

Can My Spouse Be Liable for Debt When Filing Bankruptcy for My Business?When bankruptcy is filed, debtors are required to list assets and personal property as part of the bankruptcy estate.  While common items such as saving accounts, jewelry, homes and vehicles are included, there are assets that some may forget to mention upon filing their petition.  Debtors who realize they may have forgotten to list an

Motion To Abandon Property Of The Estate

The motion to abandon property of the estate is one of the most important parts of motion practice in bankruptcy.  It is particularly important in chapter 7 bankruptcy, because the chapter 7 trustee takes control of all property of the estate.  Additionally, it is important to understand how it works when you omit property from your bankruptcy schedules.

Short Sale By Chapter 7 Trustee

In the Western District of Washington – encompassing Seattle, Tacoma, Vancouver, and Bellingham – it is fairly common for the chapter 7 trustee to conduct a short sale on a debtor’s real property, if a few conditions are met.  The chapter 7 trustee might conduct a short sale on a debtor’s real property if:

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