Avoiding Jail for Delinquent Child Support Arrears

Chapter 13 Bankruptcy: Restructuring Domestic Support Obligations One of the lesser known “powers” of Chapter 13 bankruptcy repayment plans is to allow a debtor that is behind on a domestic support obligation (e.g child support, alimony) to place the amount in arrears into a Chapter 13 bankruptcy repayment plan and stretch out that repayment for … Continue reading

Do You Need to Reaffirm Your Mortgage to Get a Loan Modification?

REAFFIRMATION AGREEMENTS FOR MORTGAGES Every once in a while a client will contact our office after their discharge upset that they are unable to obtain a loan modification from their mortgage company. The line that they are given by the mortgage company is that because their bankruptcy attorney didn’t file a reaffirmation agreement there is … Continue reading

Did you receive a 1099 from your mortgage company on a home you surrendered?

This time of year always prompts many calls regarding a 1099 received from client’s mortgage companies after the property has been foreclosed. The reason that clients receive this form is because the lender has acquired the property through foreclosure.  Form 1099-A is used to report to the IRS the acquisition of secured (i.e., mortgaged) property … Continue reading

5 Things to Look For When Selecting a Great Bankruptcy Attorney

Choosing a great bankruptcy attorney can be frustrating these days because it seems like almost every small law firm out there now advertises bankruptcy.  Like the real estate boom several years ago when every other lawyer was a real estate attorney, many novice attorneys are throwing their “lines” out there to see who they can … Continue reading

Divorce and Bankruptcy

Divorce and Bankruptcy

A divorce can be financially devastating. Often before the divorce, the financial strength of a marriage is weak. Fighting over finances is a major reason for divorce. First, if you are still married, it is much cheaper for a couple to file for bankruptcy together than to each file separately. It is important to discuss … Continue reading

Discharging Taxes in Bankruptcy

So you didn’t think you could bankrupt taxes? Filing a petition under Chapter 7 can often erase your tax debt. Income taxes can be discharged in a Chapter 7 bankruptcy, but only if all of the following tax code rules are met: The tax return on which the tax debt arises must have been due at … Continue reading

What is the 341 Hearing?

Every debtor, regardless of the chapter, must make one appearance in the case, though it is not really in “court” since the judge is not present. Bankruptcy court for the most part is quite uneventful.  The nice thing about bankruptcy court is that it runs on time and take about 10-15 minutes for most hearings. … Continue reading

Chapter 13 Bankruptcy

In a Chapter 13, you must pay back Creditors, within five years, in full or in part to the best of your ability and you must pay as much as a Chapter 7 would have paid if there had been a liquidation. Any Chapter 13 must always pay back at least as much as a … Continue reading

Who Will Know if I Filed for Bankruptcy?

This one of the most frequently asked question by my clients.  Bankruptcy is stressful enough without adding additional fear that the entire world will know that you filed.  Here is who will know that you filed: •  ANYONE YOU TELL, OR ANYONE WHO IS TOLD BY SOMEONE YOU TOLD! •  Your creditors and anyone you with whom co-signed … Continue reading

Keeping your home or should you walk away?

As a bankruptcy attorney I am constantly counseling clients on the pro and cons of retaining property.    The current state of the economy and the real estate market are not only bleak but chaotic and unpredictable as well.   The loan modification promises of the past two years have failed miserably and as a result many … Continue reading

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