How Does The Bankruptcy Court Determine Summary Judgment?

During a debtor's bankruptcy, they may be faced with one or more creditors bringing forth a claim along with a request for summary judgment. For example, a creditor may ask for permission to repossess a property or to have the automatic stay lifted. If the creditor has evidence that there is no way that the [...]

By |2017-12-13T03:14:41-06:00June 22nd, 2011|Bankruptcy|Comments Off on How Does The Bankruptcy Court Determine Summary Judgment?

Can I Just Put Anything On My Petition To Get My Bankruptcy Filed In A Hurry?

So you've waited to the last minute to file your bankruptcy. The creditors have won a judgment against you and it's just a matter of days before they garnish your wages and bank account. If this is true or you are facing some other equally desperate situation, then you're probably in a rush to file [...]

By |2017-12-13T03:14:50-06:00June 21st, 2011|Bankruptcy|Comments Off on Can I Just Put Anything On My Petition To Get My Bankruptcy Filed In A Hurry?

Can Same Sex Couples File Bankruptcy?

Same Sex Couples and Bankruptcy In a recent bankruptcy decision in the state of California, a bankruptcy judge ruled that it would not bar same-sex couples from filing bankruptcy. The bankruptcy case involves a same-sex couple who were legally married in California who wanted to file bankruptcy jointly. The bankruptcy trustee moved to dismiss their [...]

By |2017-12-13T03:15:00-06:00June 20th, 2011|Bankruptcy|Comments Off on Can Same Sex Couples File Bankruptcy?

When Does A Bankruptcy Trustee Sue On Behalf Of A Debtor?

  In the Chapter 7 bankruptcy case of Pace Airlines Inc. which is now defunct, the bankruptcy trustee Edwin Allman is requesting that he be allowed to pursue a lawsuit against a tourism company which purportedly owes Pace $1.46 million. Pace filed a breach-of-contract lawsuit shortly before its collapse involving a payment dispute with Southern [...]

By |2017-12-13T03:15:10-06:00June 17th, 2011|Bankruptcy|Comments Off on When Does A Bankruptcy Trustee Sue On Behalf Of A Debtor?

Should Farmers Be Forced To Pay Taxes Incurred During A Bankruptcy Sale?

The Supreme Court will be hearing the case of Lynwood and Brenda Hall v. United States, more specifically the IRS, to determine if the family farmers should be forced to pay in full tax debts incurred after a forced sell of property during Chapter 12 bankruptcy. The details of the Chapter 12 bankruptcy case: The [...]

By |2017-12-13T03:15:18-06:00June 15th, 2011|Bankruptcy|Comments Off on Should Farmers Be Forced To Pay Taxes Incurred During A Bankruptcy Sale?

Who Is Policing The Credit Bureaus?

  The Consumer Financial Protection Bureau (CFPB) has been given the authority to police the three major credit bureaus to make sure that consumers are getting the protection they need. For debtors exiting bankruptcy, an accurate credit report can mean the difference between effectively rebuilding their credit rating and languishing in disputes with creditors.  Right [...]

By |2017-12-13T03:15:28-06:00June 14th, 2011|Bankruptcy|Comments Off on Who Is Policing The Credit Bureaus?

Most Debtors’ Fears Of Bankruptcy Unfounded

Although there is a lot of information about bankruptcy available on the internet, there are still a lot of fears about filing bankruptcy. Below are a few of the most common bankruptcy fears and why they have no basis in reality: The biggest fear that many debtors have of bankruptcy is that they will lose [...]

By |2017-12-13T03:15:37-06:00June 13th, 2011|Bankruptcy|Comments Off on Most Debtors’ Fears Of Bankruptcy Unfounded

Credit Counseling vs. Bankruptcy

With the implementation of the new rules from the Credit CARD Act many debtors are getting a good look at their credit card balances and realizing that they simply will never get out of debt at the rate they're going.  Credit card statements provide a toll-free number for credit counseling agencies; but unfortunately they don't [...]

By |2017-12-13T03:15:46-06:00June 9th, 2011|Bankruptcy|Comments Off on Credit Counseling vs. Bankruptcy

Research Finds Bankruptcy More Common For Cancer Survivors

Is Bankruptcy More Common For Cancer Survivors? We've talked quite a lot about how medical debt can drive some people into bankruptcy. But a recent study of 232,000 adult cancer patients over a 14 year period has found that cancer survivors are more likely to file bankruptcy than the general population."Patients diagnosed with cancer may face [...]

By |2017-12-13T03:15:56-06:00June 8th, 2011|Bankruptcy|Comments Off on Research Finds Bankruptcy More Common For Cancer Survivors

Bankruptcy Could Offer Retirees Financial Fix

Bankruptcy for Retirees Many retirees are facing credit challenges which seem daunting, maxed out credit cards, property tax debt, income tax debt and some are even facing foreclosure .  Maybe the retiree experienced a medical expense which placed them in a financial bind and then they tried to fix it by mortgaging their house or [...]

By |2017-12-13T03:16:06-06:00June 7th, 2011|Bankruptcy|Comments Off on Bankruptcy Could Offer Retirees Financial Fix
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