U.S. Government Revises Means Test Numbers For Bankruptcy Filers
By Drew Broaddus on 3/12/10 | 0 Comment(s)
As I have discussed on the O’Connor, DeGrazia, Tamm & O’Connor website (and as several bankruptcy attorneys have discussed here), in order to qualify for Chapter 7 protection, individuals must satisfy the “means test,” which is a formula designed to keep filers with higher incomes from filing for Chapter 7 bankruptcy. 11 U.S.C. § 707(b). Read more>>
An all too common preliminary inquiry by a hypothetical debtor, and a reply. Episode 3 of a series.
By John C. Colwell on 3/12/10 | 0 Comment(s)
Serena V.
Brief description of your legal issue:
I am in serious debt, besides my mortgage I owe roughly 20+ thousand in credit card debt.I owe the IRS
and have been trying to make payments as best as possible. I need help!
Thank you for your inquiry. We likely can help a great deal. There are many variables and Read more>>
Tax Issues with Credit Card Settlements
By Steven Striffler on 3/11/10 | 0 Comment(s)
Be careful if you settle any credit card debts before filing bankruptcy because you may convert a debt that is dischargeable in bankruptcy into a non-dischargeable debt.
Generally, a creditor is required to issue IRS Form 1099-C to a debtor for any debts forgiven greater than $600. What does this mean in bankruptcy? Settling a debt Read more>>
Jay S. Jump is mentioned in Lawyers Weekly
By Jay Jump on 3/11/10 | 1 Comment(s)
As a result of a former blog entry on this website, Jay S. Jump, an attorney in Washington State, and a contributor to the National Bankruptcy Forum, was interviewed for Lawyers Weekly USA on the Milavetz decision handed down by the Supreme Court earlier this week.
Click here to read the article.
Debt Buyer Practices
By Jay Jump on 3/11/10 | 0 Comment(s)
Initially, let me explain what a debt buyer is.
A debt buyer is a company or individual who purchases note paper. When you purchase a home, or a car, you sign a promissory note. This promissory note is what entitles the creditor to collect money from you for payment on the loan. Read more>>
Milvetz v. United States
By Jay Jump on 3/08/10 | 2 Comment(s)
A setback for debtors and debtors attorney’s everywhere.
This part is bad for the attorneys:
Attorneys who provide bankruptcy assistance to assisted persons are debt relief agencies under the BAPCPA. By definition, “bankruptcy assistance” includes several services commonly performed by attorneys, e.g., providing “advice, counsel, [or] document preparation,” §101(4A). Moreover, in enumerating specific exceptions to the debt-relief-agency Read more>>
Where to File a Chapter 7 Bankruptcy
By Richard Stokan on 3/08/10 | 0 Comment(s)
A bankruptcy case must be filed in the federal district where the debtor has maintained his residence or principal place of business “for the one hundred and eighty days immediately preceding such commencement, or for a longer portion of such one-hundred-and-eighty-day period.” 28 USC 1408. In laymen’s terms, the case must be filed in the bankruptcy Read more>>
An all too common preliminary inquiry by a hypothetical debtor, and a reply. Episode 2 of a series.
By John C. Colwell on 3/07/10 | 0 Comment(s)
dmp, debt management plan, deficiency, Second Trust Deed, Charge off
“What Do You Mean They Can Take My Bike?!?”
By Lori Patton on 3/06/10 | 0 Comment(s)
This past week has been “Bike Week” in Daytona Beach, which is the next county over. It’s not unusual to see groups of weekend warriors out riding around Central Florida, but more so this time of year. One question I’ve learned to ask during any initial bankruptcy consult is what I call Read more>>
Several Eastern District of Michigan Bankruptcy Judges to Participate in Continuing Legal Education Seminar About Consumer Bankruptcy Issues
By Drew Broaddus on 3/05/10 | 0 Comment(s)
On February 8, 2010, the U.S. Bankruptcy Court for the Western District of Michigan (which covers Grand Rapids, Kalamazoo, Lansing, Traverse City, and Marquette) posted a notice on its website regarding an “Institute for Continuing Legal Education Seminar” to take place April 19, 2010 in Plymouth, Michigan. The notice (available here) indicates that the featured Read more>>
