Without question just the thought of having to file bankruptcy, Chapter 7, Chapter 13 or a Chapter 11 is very stressful.  It is an emotional roller coaster ride before you actually make a decision.  When anyone is facing the unknown, coupled with the hearsay gossip about bankruptcy that is almost invariably wrong, it is no small wonder that your stress mounts. During financial hardship the pr

Abraham Lincoln, a lawyer by profession, was exactly on the mark when he said: "A lawyer's advice and time are his stock in trade." That's what we sell -- our time (as well as our knowledge).

On an issue of first impression before the Sixth Circuit, the Court held that post-petition income that becomes available after a debtor completes repayment of a 401(k) loan is projected disposable income that must be turned over to the Trustee for distribution to unsecured creditors pursuant to Section 1325(b)(1)(B) and may not be used to fund voluntary 401(k) plans.

Bankruptcy is a very effective tool to deal with financial problems. There are times, however, when it just does NOT make sense. The following facts are from a consultation where I advised AGAINST a filing.

There has been little success with the money allocated by Congress, through HAMP, to help fix the mortgage crisis. Very few people having trouble with their mortgages have received any relief of any kind.  No reduction in interest rates, no reduction in the mortgage amount etc. etc.

Chapter 13 can be used to save a small business provided  the business is a proprietorship (not incorporated and not a partnership) and provided the debt limitations of a Chapter 13 are met.   A Business Chapter 13 works best if most of the debts are unsecured and those debts that are secured can be repaid within a 5 year period.  Restructuring loans on equipment and vehicl

Growing up in El Paso and being Hispanic, I was brought up with the mentality that Bankruptcy was wrong.  Since I started working at Diamond Law almost 3 years ago, my mentality on Bankruptcy has changed.  Bankruptcy to so many people is a scary step to take. After working with so many clients throughout these 3 years I have witnessed the relief bankruptcy (Ch 7 and Ch 13) has brought to them. 

Many clients come into our office hoping that we can lower their monthly mortgage payments. Unfortunately when the house is their homestead we do not have the means to modify the loan within the Bankruptcy. However, many banks are now offering loan modifications to people who are in Bankruptcy.