Resources, News Sources and People Who Can Help You Through Bankruptcy

This has been a long time coming. The first post on a blog meant to educate the public on bankruptcy matters and keep bankruptcy professionals up to date on hot issues within the wonderful (and not so wonderful) world of bankruptcy.
For starters, I simply want to say welcome. And nothing says “welcome” like a listing of public sources that may help you find your path towards financial recovery.

Resources, News Sources and People Who Can Help You Through Bankruptcy

This has been a long time coming. The first post on a blog meant to educate the public on bankruptcy matters and keep bankruptcy professionals up to date on hot issues within the wonderful (and not so wonderful) world of bankruptcy.
For starters, I simply want to say welcome. And nothing says “welcome” like a listing of public sources that may help you find your path towards financial recovery.

Court Protects Vehicle of Unemployed Debtor

Pretty Girl in CarThe Nebraska Bankruptcy Court has issued a new opinion extending greater protection to vehicles owned by unemployed debtors.  In the case of Angelita Quintero decided on August 22, 2012, the Court expanded the “Tool of the Trade” exemption provided under Neb. Rev.

Chapter 13 Bankruptcy - To Buy or Sell - You May Need Permission

Filing for bankruptcy for many is the most difficult decision they will ever have to make.  It is something completely foreign and new to them.  Due to the fact that bankruptcy has such a stigma many people don't discuss it and don’t really understand what bankruptcy is all about.

Discharging Income Taxes and The Two-Year Rule for Late Filed Tax Returns

It is clear that a tax debt is not dischargeable in bankruptcy if a return for the year in question is not filed. See 11 USC § 523 (a)(1)(B)(i). However, The 2 Year Rule provides that taxes due based upon a late filed return (filed after its due date and any extensions) are dischargeable if... Read More »

Creditor Calls at Work – See What Whataburger Did to Protect an Employee

Court case not the way Whataburger likes it – Houston Chronicle.
As H. Anthony Hervol, a San Antonio lawyer who defends individuals in debt-collection disputes says, Whataburger’s action is “very unusual.”

6th Circuit: Michigan Bankruptcy-Specific Exemption Statute is Constitutional

The Sixth Circuit Court of Appeals recently held that Michigan's bankruptcy-specific exemption statute is constitutional under the Bankruptcy Clause and Supremacy Clause of the United States Constitution.
Historically, Michigan has allowed bankruptcy debtors to use the federal exemptions under 11 U.S.C. § 522(d), the general state exemptions under M.C.L. § 600.6023, or the state exemptions pursuant to M.C.L. § 600.5451 that are specific to debtors in bankruptcy (prior to it being declared unconstitutional).

Automatic Stay Does Not Bar Injunctive Relief Relative to Debtors' Commission of a Tort

The Sixth Circuit Court of Appeals recently affirmed a decision of the United States District Court for the Southern District of Ohio based upon the District Court's holding that the automatic stay does not prevent the issuance of injunctive relief. Read More ›
Tags: 6th Circuit Court of Appeals

Chapter 7 Loophole: High Income Debtors allowed to file Chapter 7

entrepreneur.jpgI had coffee with a great friend of mine who began his own bankruptcy practice a few years ago.  He explained that he recently acquired a very difficult case involving a debtor with a high paying job and he expected a brutal Chapter 13 confirmation process—i.e, he expected the Trustee to demand a significant monthly payment.  Apparently the debtor had bad luck in a business venture and was now deep in SBA loan debt requiring a bankruptcy despite his

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