Part of any lawyer’s struggle is to explain complex and often abstract concepts of the law in terms understandable to the average person. I freely admit that I often fall short of that goal, but have adopted the use of numerous everyday analogies (some sillier than others) in this attempt. In my effort to explain [...]
The Hidden Cost of War: A Connection Between Afghanistan, Iraq, and the Rise of U.S. Personal Bankruptcies?
It has widely been reported that, despite a budding recovery, personal bankruptcies are still on the rise in the United States. (See, for example, this blog entry). Although Congress overhauled the nation’s bankruptcy laws in 2005 with the intention of limiting the ability of many individuals to get rid of their debt (see “How Important [...]
In most consumer bankruptcies (i.e., non-business bankruptcies), there will be no adversary proceedings, challenges to discharge, or other contested issues and in turn, no issues for you or anyone else to appeal. However, every case is unique, and any bankruptcy could require the bankruptcy court to rule upon certain issues. If a party in interest [...]
Debtors need to remember that in order to receive their discharge they are obligated to take two courses. One course taken before filing is the famous credit counseling requirement. Before your case can be filed, you must certify to the Court that you’ve taken a course in credit counseling from an “approved agency” in the last [...]
In these economic times, more people with retirement accounts and significant assets are inquiring about filing for bankruptcy protection. One of the most frequent questions I am asked is what documentation do I need to file for bankruptcy? The simple answer is, if it is listed on the bankruptcy petition you need documentation. Although it [...]
When Congress enacted the Bankruptcy Abuse and Prevention Consumer Protection Act of 2005 (BAPCPA), it included a “means test” to determine whether a debtor qualifies for a Chapter 7 discharge. The means test is based on the annual median income for the household, and requires a the submission of a Statement of Currently Monthly Income [...]