General Bankruptcy Issues
Success Rate in Filing Bankruptcy
Sunday, December 14th, 2008What constitutes success in a bankruptcy case? How does one determine an attorney’s success rate? It depends on how “success” is defined.
Get things in writing and get receipts
Wednesday, November 26th, 2008If there’s one thing lawyers in general repeatedly see from their clients–in any field of law–it’s the lack of proof or evidence necessary to properly represent them or assist in solving their problems. This is as true for a contracts attorney whose client insists is the victim of a breach of an oral contract with [...]
Debt Charge-offs: Do you still owe the money?
Monday, August 4th, 2008A common misconception people have regards charge-offs on their credit reports. Many people think that if a credit card company or other creditor “charges off” the debt, that it means they no longer owe the money, or they will no longer try to collect on that debt. This is simply not correct. A charge-off is [...]
How much debt do you need to go bankrupt?
Tuesday, July 8th, 2008A question I have been repeatedly asked over the years from my potential bankruptcy clients is: How much debt do they need before they can declare bankruptcy? I have found that this question has different intent and meaning to different people. For example, some people think that there actually is a minimum amount of debt [...]
Discharging consolidated debts in bankruptcy
Sunday, July 6th, 2008Another frequent question I get from potential clients is whether debts that they are making payments on as part of a “debt consolidation” program are dischargeable in a bankruptcy case. In fact, I’ve had numerous people think that those aren’t even debts anymore, once they are in a repayment program, or that magically the 15 [...]
Can You Only Bankrupt Certain Debts and Keep Others?
Wednesday, July 2nd, 2008Whether you can discharge (bankrupt) specific debts and keep others is a question that over the years I get asked repeatedly. Actually, strangely enough, clients don’t ask it as a question. They state it as if it were completely possible. “I want to get rid of my large debts and keep the small ones”. After [...]
The Warning Signs of Bankruptcy
Wednesday, July 2nd, 2008Since the vast majority of people who seek to file bankruptcy wait too long before obtaining legal advice, it is important to know what some of the warning signs are that should prompt one to at least have a consultation with a qualified bankruptcy attorney. The following are some guidelines set forth by the Association [...]
Can You File Bankruptcy If You Live Outside the USA?
Friday, June 27th, 2008Over the years I have had many clients who live outside the United States of America that need to file bankruptcy here. This is a tricky and, to the courts and many trustees, a confusing proposition, but I assure you that if you meet the requirements, it is perfectly legal. A full legal treatment of [...]
Credit Card Interest Rates Causing Bankruptcy
Tuesday, June 24th, 2008One of the most common triggers for today’s bankruptcy filings results from people having significant credit card debt that they are barely able to make the minimum payments on. Everything goes along fine for months, maybe years, until suddenly–and frequently unexpectedly–the interest rates on their credit card(s) jumps from a very low (or zero) interest [...]