Category Archives: Bankruptcy News

Bankruptcy laws can stop debt collectors cold

By doug | Published: July 11, 2013

National financial columnist Michelle Singletary today reported on a slew of alleged abuses by a debt collection firm that has led to one of the biggest fines ever levied by the Federal Trade Commission — $3.2M against the collection firm Expert Global Solutions. Singeltary’s article contains a litany of the most maddening debt collection abuses […]

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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 […]

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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 […]

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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 […]

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Massachusetts bankruptcy cases increasingly require good service

By doug | Published: May 1, 2013

Massachusetts bankruptcy attorneys trying to help clients mired in the mortgage mess of the last few years are increasingly turning their attention to the notion of good service. By this I don’t mean fawning over clients or judges, but simply sending (“serving” in legal lingo) important court papers to the right recipients. As a prime […]

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Bankruptcy law eases rules on keeping your car after you file

By doug | Published: April 22, 2013

A very modest increase in the amount of equity in a car that a debtor can keep after filing a bankruptcy case went into effect in April, 2013. Previously, a single debtor claiming federal exemptions was allowed $3,450 in equity in a vehicle. With the cost-of-living increase that took effect on April 1st, that was […]

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What you can keep after bankruptcy just increased

By doug | Published: April 9, 2013

A bit of good news just came in for anyone out there considering filing a bankruptcy case: As of April 1, 2013, the total amount of property that a debtor can “keep” after filing Chapter 7 bankruptcy increased to $12,725.00, an extra $750 over prior law. The increase is part of an every-three years tweaking […]

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Dionne Warwick filing highlights effectiveness of bankruptcy against taxes

By doug | Published: March 27, 2013

Dionne Warwick has filed for bankruptcy. The 72 year old pop diva’s case was filed pretty far from San Jose — in the bankruptcy court in northern New Jersey. Big numbers always make big headlines in the financial pages, and Warwick’s has a whopper — $10 million dollars due for back taxes. Of this, $7 […]

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rules on sucessive bankruptcy discharges clarified

By doug | Published: March 21, 2013

Massachusetts bankruptcy attorneys got an important clarification recently from U.S. Bankruptcy Court judge Melvin Hoffman on how much spacing there must be between bankruptcy cases for a debtor who wants a Chapter 13 discharge, but who has previously received a Chapter 7 discharge. This situation involves section 1328 (f) of the bankruptcy code, which bars […]

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Do you have to pay a Chapter 13 trustee ten percent?

By doug | Published: March 4, 2013

When bankruptcy debtors file Chapter 13 cases, they have to pay a fee, or commission to the Chapter 13 trustee that administers their case. This is how the trustee gets paid. The commission is typically ten percent of the payments made through the plan. So if a debtor’s plan calls for a monthly payment of […]

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