Author Archives: doug

First Circuit allows bankruptcy trustees to claw back tuition payments

By doug | Published: February 11, 2020

Add another wrinkle to the worries of consumers thinking about filing for bankruptcy — in New England parents of college age children may find their bankruptcy trustees going after money paid for their children to attend college. On November 12, 2019 the First Circuit Court of Appeals in Boston ruled that tuition payments made to […]

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Supreme Court puts some teeth into the bankruptcy discharge

By doug | Published: June 20, 2019

Debtors pay good money to go bankrupt — in exchange for which they expect to shed most of their debts and be left alone by prior creditors. But what should happen when creditors don’t get the message and continue collection or harassment?  The United States Supreme Court recently addressed this issue for the first time, […]

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The Supreme Court will decide a bankruptcy case

By doug | Published: June 12, 2019

The United States Supreme Court typically hears less than one hundred full cases each year, and out of that small sample, usually only one or two involve the federal bankruptcy laws. But on May 20, 2019 the Supreme Court announced that it will decide a bankruptcy dispute in the next term, which begins in October, […]

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The difference between Chapter 7 and Chapter 13

By doug | Published: April 16, 2019

Chapter 7 or Chapter 13 Bankruptcy: What’s the Difference? When individuals file for bankruptcy, one of the first choices they must make is under which chapter of the Bankruptcy Code to file their case. In general, individuals choose to file either under Chapter 7 or Chapter 13. Each of these chapters provides its own set of rules […]

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Stopping creditor calls to your cell phone

By doug | Published: April 11, 2019

Being unable to pay your bills can make you feel powerless. Nasty letters and phone calls can ruin your day, especially when a collector calls your cell phone during work or while you are with friends. Fortunately, there are several consumer protection laws that can redistribute the balance of power and bring you some peace. […]

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Bankruptcy and inheritance

By doug | Published: April 9, 2019

When a bankruptcy debtor inherits money from someone who dies within 180 days of the date the debtor filed bankruptcy that money becomes part of the debtor’s bankruptcy estate. The inherited money that becomes part of the bankruptcy estate is used to pay your creditors. This is true even if you have received a discharge and your […]

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How the bankruptcy court can lower your car payment(s)

By doug | Published: January 18, 2019

While some Americans are able to get by without a personal vehicle, having reliable transportation is necessary to most. Whether it is a means to get to work or to school or to take the kids to soccer practice, a vehicle can be an important part of daily life. It is no wonder that one […]

Posted in Chapter 13, Secured loans | Comments closed

A primer on credit repair

By doug | Published: October 3, 2018

When people go through bankruptcy, whether they use Chapter 7 or Chapter 13, one of their top concerns is repairing their credit score afterwards. It is a valid concern, as bankruptcy can negatively impact your credit score, and a poor credit score can make your future finances and purchases harder to manage. In order to […]

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Get a super discharge with Chapter 13

By doug | Published: October 2, 2018

In consumer bankruptcy cases, all discharges are not exactly alike. The rules concerning the discharge of debts in bankruptcy are more generous in Chapter 13 cases. A Chapter 13 debt discharge is commonly known as the “super discharge” because the scope of the discharge is broader than the discharge given in Chapter 7 cases. In […]

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A quick primer on discharging income taxes in bankruptcy

By doug | Published: October 1, 2018

Are you a bankruptcy practictioner or curious taxpayer interested in whether income taxes will go away by filing a bankruptcy case? Well, the rules involved are notoriously tricky, but can be summarized as follows: In order to discharge income taxes through bankruptcy, the taxpayer / debtor must qualify under three rules — the three year […]

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