With the passage of the CARES Act by Congress and its effective date of March 27, 2020 most focus in the media has been on the PPP loan program to keep small businesses afloat. However, there have been several provisions in the bill that assists current Chapter 13 debtors in confirmed plans if they are…
DetailsLegal writing is a highly refined skill, taught extensively at law schools. If you need something filed in court you should always have an attorney write it and file it for you. Legal writing is so demanding that even lawyers sometimes make mistakes. Here are two recent stories about attorneys that made mistakes when writing…
DetailsA client I will call Paul called in today, and he was confused by a part of his bankruptcy that confuses a lot of our clients. Paul filed Chapter 7 Bankruptcy with the intent to surrender a piece of real estate he no longer wanted. Paul is most of the way through his Chapter 7…
DetailsRecent questions by a client and a motion in one of our cases has led to some talk about the Discharge in a Chapter 7 Bankruptcy. The Discharge is the whole point of the Bankruptcy process, and any questions should be referred to an attorney. Most debts are discharged, but there are some exceptions. This…
DetailsA hot topic in the news is the increasing use of strategic default to avoid Mortgage debts. More and more people who cannot make their mortgage payments are simply walking away from their properties and not paying their mortgages. What the news articles are not always covering is the topic of the liability for the…
DetailsWhile a Chapter 7 Bankruptcy can’t discharge child support obligations, there is still relief available in the Bankruptcy Court to stop collection proceedings. Federal laws prohibit the discharge of support obligations in a Bankruptcy. Chapter 13, which is a part of the Bankruptcy Code, provides a means of restructuring your debt including back child support…
DetailsIn Judge Cox’s Bankruptcy court room this morning I saw a bankruptcy case dismissed for missing one of the hurdles bankruptcy presents to the inexperienced. Judge Cox rightly informed the debtor his only option was to file again. No refund will be issued and he is out $299 in lost filing fees. The mistake this…
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