Date archive for September, 2009
Love and Marriage (and Bankruptcy), Part 2: Who Has to Pay for What After Divorce?
by Steve Combs on 9/28/09 | 4 Comment(s)
Section 523(a)(5) of the Bankruptcy Code provides that a domestic support obligation is exempt from Discharge. What this means is that child support, alimony, and any debt classified as a “support obligation” will typically survive bankruptcy. What is less clear, though, is what happens to property settlements in bankruptcy. It is well known that regardless Read more>>
Love and Marriage (and Bankruptcy), Part 1: Are Both Spouses required to file?
by Steve Combs on 9/28/09 | 1 Comment(s)
As a former state court Magistrate who presided over nearly 18,000 family hearings and the former President of the Florida Association of General Magistrates and Child Support Hearing Officers, practicing Bankruptcy law has provided me a real change of pace. I am amazed, though, when I look at the interplay Read more>>
What Property Can I keep In A Bankruptcy?
by John O'Connor on 9/28/09 | 4 Comment(s)
People considering bankruptcy often have the misperception that they will lose all of their property if they decide to file. Fact is, only non-exempt property will be eligible for sale in a chapter 7 bankruptcy. What does this mean? As a matter of public policy legislatures at both the state and federal levels have enacted Read more>>
Should I File for Bankruptcy?
by Lorraine Greenberg on 9/26/09 | 1 Comment(s)
Recently I filed bankruptcy for a very close friend of mine. It was quite a learning experience for me. Even though I have been a practicing bankruptcy lawyer since 1981, I forget what people go through when they have financial problems. I was desensitized. But going through the process with her reminded me of the Read more>>
What is a Chapter 13 Discharge?
by Drew Broaddus on 9/24/09 | 0 Comment(s)
Most people associate a discharge with Chapter 7 rather than Chapter 13. This is because a Chapter 13 bankruptcy, also called a wage earner’s plan, calls for the debtor to develop a plan to repay all or part of their debts. However, a discharge is also possible under Chapter 13 in some instances. The bankruptcy Read more>>
Assuming or Surrendering Unexpired Leases
by Richard O'Connor on 9/24/09 | 0 Comment(s)
When filing for Chapter 7 Bankruptcy protection, a Debtor is required to file a statement of intention indicating how he or she will treat each secured Claim. See 11 USC 521(a)(2). Secured claims typically include automobiles and homes, however, a debtor must also state an intention as to executory contracts and Read more>>
Are Home Owners Association Dues Dischargeable?
by Steve Combs on 9/23/09 | 0 Comment(s)
The Code on this topic is covered under 11 U.S.C. 523 (16), however it may not be that simple. Depending on the type of bankruptcy the homeowner filed, chapter 7 liquidation, or a chapter 13 which is a repayment plan. Also, it may depend on whether the homeowner is keeping the home or surrendering the Read more>>
The difficulty in discharging student loans
by Steve Combs on 9/23/09 | 0 Comment(s)
Now I know I’ve written about exceptions to the non-dischargability of student loans in Bankruptcy, and I stand behind what I’ve written. What I wrote was correct and the test of undue burden under 11 U.S.C. § 523(a)(8) is correct. However the practical complications of overcoming this test Read more>>
Emotions and Bankruptcy
by Jay Jump on 9/23/09 | 0 Comment(s)
Emotions and Bankruptcy – Jay S. Jump – Jump Law Group – Washington State – www.jumplawgroup.com
One of the statements I hear most often when doing an initial client interview is ‘I never thought I would end up here. I’m a complete failure.’ I cringe everytime I hear it because it isn’t true. Life is a Read more>>
