Category Archives: The Bankruptcy Code

Can a state file for bankruptcy?

By doug | Published: April 24, 2020

With tensions over corona virus and the financial meltdown left in its wake approaching the boiling point, on April 22, 2020 Senate majority leader Mitch McConnell (R-Ky.) appeared ready to ditch the idea of bailing out strapped state governments, suggesting that the states might be better off filing bankruptcy cases instead. This in turn brought […]

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Are stimulus checks really exempt from seizure by a bankruptcy trustee?

By doug | Published: April 9, 2020

If the government were to mail out free money, who should get first dibs on it — the recipient or his creditors? What would seem to be an inane question in normal times has become a live issue in the spring of 2020. To fight the massive economic repercussions of the corona virus shutdown, the […]

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Trying to eliminate divorce lawyer’s fee in bankruptcy

By doug | Published: March 25, 2014

Debtors who have outstanding bills for legal fees at the time they file a bankruptcy case should include those bills on their bankruptcy schedules and seek to discharge them. Almost always this works out fine. Your own bills for legal work already performed are usually considered perfectly dischargable. A typical scenario involves a debtor who […]

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Hardship discharge requires plan confirmation first

By doug | Published: December 20, 2013

Bankruptcy debtors with an active Chapter 13 case often hit a bump in the road and find themselves unable to make their plan payments. This does not absolutely mean their case was a waste of time. It is possible under the Bankruptcy Code to petition to the court for a hardship discharge, essentially gaining the […]

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Selling a house while you are in bankruptcy

By doug | Published: March 13, 2012

What happens if you file a bankruptcy case, and then afterwards suddenly find the perfect buyer (i.e. one who can get financing and will actually go through with the purchase) for your home? A lot will depend on what chapter your case is filed under. If its a Chapter 7, like the majority of cases, […]

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What’s IN your bankruptcy? Everything had better be IN your bankruptcy!

By doug | Published: February 6, 2012

This may be included in the realm of misguided terminology, but I often get comments from my bankruptcy clients that sound something like this: “I didn’t know my cars were IN the bankruptcy.” Or, “I thought we were keeping the house out of this bankruptcy.” These statements are grating on my ears (they would be […]

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The central purpose of the consumer bankruptcy laws

By doug | Published: January 25, 2012

“To everything there is a season, and a time for every purpose under heaven,” said the son of David in the biblical book of Ecclesiastes. But did you ever wonder what the official purpose behind having a bankruptcy system was? An creditor who has just had an account file for bankruptcy might be tempted to […]

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Billy Graham comments on the propriety of consumer bankruptcy

By doug | Published: January 24, 2012

The famous evangelist Billy Graham was recently asked in his local newspaper’s question-and answer forum whether it was morally wrong for a married couple to file a consumer bankruptcy case. The couple wrote to Graham’s newspaper advice column saying they had gotten into a financial bind when they moved, couldn’t sell their old house, and […]

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Banned from filing bankruptcy in Massachusetts?

By doug | Published: November 9, 2011

Could you be banned from even filing a bankruptcy case in Massachusetts? Indeed you could be, and a married couple whose Chapter 13 case was before bankruptcy judge Melvin Hoffman recently was. The case is In re Durham. At issue was section 109 (g) (2) of the bankruptcy code, which prohibits a debtor from filing […]

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Some bankruptcy fees will be increasing on November 1st

By doug | Published: October 18, 2011

Some of the fees charged by the bankruptcy court will be increasing a bit on November 1, 2011. The basic fees for filing a consumer case are increasing by $7. These will be $306 for a chapter 7 case, and $281 for a chapter 13 case. Also starting in November, it will now cost you […]

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