Debtor Caught In “Fraud” Vortex Saved By Appeals
There's a very interesting bankruptcy case Grueneich, James B.; In re (Grueneich v. Doeling, Trustee) where a debtor was accused of "gaming the system" and faced his exemptions being denied. Fortunately, the debtor won...
Reaffirmation Denied Because Of Lack Of Income
There's an interesting Chapter 7 Bankruptcy case (Sawyer, Kim E.; In re,) where a debtor attempted to reaffirm a debt; but was denied the reaffirmation because she lacked income and failed to prove how...
Tools-Of-The-Trade Exemption Valid Even When Business Temporarily Closed
There was an interesting Chapter 7 Bankruptcy case Weimann, Vincent O. and Brenda K.; In re, (Bankr. N.D. Ill. 2009) involving a debtor who was able to exempt property as tools-of-the-trade despite a temporary...
Debtor’s Attempt To Save Marriage Allowed In Bankruptcy
There's an interesting bankruptcy case, Carver, Chaddrick R.; In re (Richardson, Trustee, v. Carver), (Bankr. C.D. Ill. 2009) in which a debtor transfers the profits from the sell of his house into a bank...
Consumer Spending Drops, Savings Rates Rise
According to an article in the Dallas Morning News, the Commerce Department reported Monday that consumer spending, which accounts for 70 percent of the nation's economic activity, dropped by 1 percent in December and...
Abdicating Financial Affairs To A Spouse Can Spell Disaster In Bankruptcy
In the bankruptcy case of Washington Mutual Bank v. Heard, a debtor's Chapter 7 bankruptcy discharge was denied because she failed to disclose asset transfers that occurred before filing for bankruptcy. In the bankruptcy...
Bankruptcy Means Test’s Murky Waters
When massive changes to the bankruptcy law were implemented in 2005, the means test was designed to help clarify who qualifies for Chapter 7 bankruptcy, especially amongst high income debtors. Using "currently monthly income"...