Author Archives: doug

First Circuit blocks hybrid bankruptcy plans in Chapter 13

By doug | Published: June 14, 2013

In one of the most important bankruptcy opinions handed down in the past few years, in late May 2013 a panel of bankruptcy judges from the First Circuit Court of Appeals ruled that debtors in a Chapter 13 case could not file what is sometimes called a “hybrid plan.” Hybrid plans were favorites of debtors […]

Posted in Bankruptcy News, Chapter 13 | Comments closed

Bankruptcy certificates may soon be filed directly

By doug | Published: June 11, 2013

As it stands, today, debtors looking for a bankruptcy discharge must complete a financial education course (either online or over the phone) before the discharge will be granted. Proof that the course was taken comes in the form of a certificate which must be filed with the bankruptcy court. (The certificate isn’t nearly as grand […]

Posted in Bankruptcy News, Practical tips | Comments closed

Bankruptcy does eliminate credit card judgments

By doug | Published: June 5, 2013

People in debt should be very careful about taking the threats of debt collectors to heart. A good example: some collectors will imply to scared debtors that they have a judgment form a court for a credit card or medical bill, and that means its “too late” to file for bankruptcy. Wrong! We can file […]

Posted in Credit cards | Comments closed

Would your ex-spouse torpedo your bankruptcy case?

By doug | Published: June 4, 2013

Russell DeMott, a bankruptcy lawyer from South Carolina has written a very entertaining article about the extents that ex-spouses can go to make life miserable for their old partners — including combing through bankruptcy petitions and making all sorts of objections, from the accurate to the ridiculous. DeMott’s point is that if debtors with an […]

Posted in Practical tips | Comments closed

Which credit cards should a debtor declare on a bankruptcy petition?

By doug | Published: June 3, 2013

One of the most common questions bankruptcy lawyers get from clients runs along these lines: “Which of my credit cards do you think I should declare in the bankruptcy?” This one actually has a simple, straightforward answer: all of them! There are a few reasons why. First of all, the bankruptcy law simply requires debtors […]

Posted in Practical tips | Comments closed

Bankruptcy effective against plague of collection lawsuits

By doug | Published: May 29, 2013

The Boston Globe and Washington Post reported on May 29, 2013 that debtors across the United States were facing a new wave of collection lawsuits, many of them based on questionable facts. According to the Globe article, a number of collection cases have been built on shoddy records. “Authorities in California, for instance, say JPMorgan […]

Posted in Bankruptcy News, Practical tips | Comments closed

Bankruptcy debt limits in Chapter 13 explored

By doug | Published: May 27, 2013

A Massachusetts bankruptcy court opinion by Judge Joan Feeney in Boston (the Cunningham case on April 12, 2013) serves up a reminder that there are in fact debt limits that apply in Chapter 13 cases — and can rule out this type of relief for some debtors. The limits though, are upper limits, not minimums. […]

Posted in Chapter 13 | Comments closed

Homeowner’s mortgage mess spills over into bankruptcy court

By doug | Published: May 23, 2013

If there is one bankruptcy case that sums up the frustrations of homeowners dealing with mortgage firms and banks, it must the the one recently decided by Bankruptcy Judge Hoffman in Massachusetts. This case (In re Perra, from May 22, 2013) seemingly has it all: a homeowner who bought in the early 2000’s and financed […]

Posted in Foreclosure | Comments closed

Bankruptcy hearings can be over before the fat lady sings

By doug | Published: May 20, 2013

A recent opinion from United States bankruptcy judge Henry Boroff in Massachusetts helps to clarify a much debated question of bankruptcy law: when is the debtor’s “meeting of creditors” really over? Each person filing a bankruptcy case is required to attend a “Meeting of creditors,” also known as a “341 meeting” after the code section […]

Posted in Exemptions, Practical tips | Comments closed

Window of opporunity opens for bankruptcy debtors with tax debts

By doug | Published: May 1, 2013

With April 15, 2013 in the rear view mirror, a new window of opportunity has opened up for people who owe back taxes for the year 2009. That’s because the required three year period from the 2009 due date (April 15, 2010) has now expired. Starting now, 2009 income taxes (both Massachusetts and federal) are […]

Posted in Taxes | Comments closed
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