Category Archives: Practical tips

“How many of those crazy fees can they really tack on?”

Here’s a bankruptcy situation that is all too common: The debtors, a married couple called the Shepards, filed a Chapter 13 case in Boston in part because they were behind on their mortgage. On their bankruptcy petition, they listed the debt to the mortgage company as $227,000. The mortgage company responded by filing a secured […]

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How come everyone is a debt relief agency?

If you’ve been searching around for a bankruptcy lawyer, you may have started wondering why nearly every one of them claims to be a “debt relief agency” or “federal debt relief agency.” The answer turns out to be simple: since 2005, the bankruptcy code has mandated that lawyers include those words in public communications including […]

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Be careful when hiring a bankruptcy attorney

You need to be careful when you are hiring a bankruptcy lawyer. I wish I didn’t have to say that, and I am not claiming to be holier-than-thou with regards to other attorneys. I will do a good job on your bankruptcy case, but the plain fact is that there are dozens of other lawyers […]

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Three situations where bankruptcy may be right for you

If you are undecided about whether to file a bankruptcy case, a quick run through this checklist may help make your decision a little easier: 1. Will a bankruptcy case make a significant positive difference in your financial situation? If you are facing foreclosure, are at least four months behind on your debt payments, or […]

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Reasons why bankruptcy is a better option than a debt settlement service

Thinking about comparing bankruptcy with one of those debt settlement services that are constantly on late night TV and radio? What’s the difference anyway? There are several differences, and bankruptcy typically comes out as the better option. Consider that in bankruptcy, you can eliminate virtually all unsecured debts, as opposed to the 50% that most […]

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The difference between a bankruptcy discharge and a dismissal

Dismissed and discharged. These two terms are at the opposite ends of the scale of results in bankruptcy, yet they are often confused. A debtor gets a discharge and is relieved of the legal liability for the dischargeable debts in the bankruptcy case. A dismissal means the bankruptcy case was terminated short of the discharge. […]

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On the fence? A few reasons to consider filing bankruptcy

Have you been thinking about possibly filing a bankruptcy case to relieve financial pressures, but aren’t sure what the pros and cons are? Many of the cons are discussed in the various posts on this blog and you can search all the posts with the “search for info” box on the lower right of this […]

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How long does a bankruptcy take?

“How long does a bankruptcy take?” This seemingly innocuous question is asked of me several times a day, it seems. Although my clients may not realize it, it is actually several questions rolled in to one. The first is “how long will it be until I can get my bankruptcy case filed with the court?” […]

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You might not want to file for bankruptcy if you have a shiny new suit . . .

Lawsuit, that is. You will be surprised when you get to your creditors meeting at what the trustees are interested in. Several of the questions you will be asked to answer may have to do with whether you have any lawsuits pending — or if you have any plans to file one. Why the primary […]

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Retirement accounts, 401(K)’s and how they are handled in a bankruptcy case

Retirement savings accounts such as IRA’s, 401(K) accounts, and most private and government retirement plans have a special place in the bankruptcy code. In most instances, the balances in these accounts are fully protected, meaning that the consumer debtor can keep the entire account even after a bankruptcy filing. This is because of a Supreme […]

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