Jordan E. Bublick, Miami and Palm Beach, Florida, Attorney at Law, Practice Limited to Bankruptcy Law, Member of the Florida Bar since 1983

When I mention to clients that they will be required to appear at a 341 First Meeting of Creditors after we file their bankruptcy, most of them cringe and become nervous immediately. They imagine a Meeting where they are interrogated and questioned about every aspect of their case.  In El Paso, the these meetings are nothing to be nervous about.

In a few weeks taxpayers will begin filing their 2012 tax returns, and for those taxpayers who are also filing bankruptcy at the same time a large number of them will forfeit the refund to the Chapter 7 Trustee. For nearly 20 years I have witnessed the Chapter 7 Trustee seize tax refunds from unsuspecting debtors. This happens every year, over and over again. The sad part is, this should almost never happen.

In my latest Bankruptcy Law Network post, I talk about a Chapter 13 debtor’s obligations after his case is filed.  In this video I talk more specifically about a Chapter 13 filer’s obligation to make his on-going mortgage payments, on time, as they come due after filing.

In April 2005, Congress passed the Bankruptcy Abuse Prevention and Consumer Protection Act, or “BAPCPA” as we bankruptcy attorneys call it.

A very hot topic in South is the "short sale". This usually involves a sale to another person with your mortgage company agreeing to satisfy its mortgage with a payment of less than the full amount due. A variation on the short sale is the "short refinance." In a short refinance, a person tries to refinance his mortgage with a new mortgage for less than the full amount owed on his existing mortgage with the existing mortgage company agreeing to take less than a full payoff.

It is not uncommon for a bankruptcy filer to have outstanding state or federal tax debt.  As is commonly known, tax debt is not dischargeable through either chapter 7 or chapter 13 bankruptcy.  In a chapter 13 case (at least in Utah), the bankruptcy filer will have to pay all of the outstanding tax debt through the 3-5 year plan.  Since there is no repayment plan in a chapter 7, filers under this chapter will need to work with the State or the IRS to arrange a payment plan or negotiation either before or after the bankruptcy.  Since tax debt is priority debt, if there is money that comes ou

How to Avoid Problems When Filing a Bankruptcy Case Budget from Jonathan Ginsberg on Vimeo.One of the most important tasks you will be asked to complete relates to the budget you file in your bankruptcy case.   Your bankruptcy trustee (and creditors) will expect a budget that accurately reflects your income as well as all “reasonable and necessary” expenses.

Below is a guest post offering a concise description of the four main types of bankruptcy: