Being Misleading in Your Bankruptcy Case May Cost You Your Porsche
Bankruptcy courts are fairly liberal in allowing a debtor who has filed a chapter 7 case to convert it to a chapter 13 case, if necessary. That ability to convert, however, is not absolute. In reviewing such an application by a debtor, the court will look to see if the debtor had engaged in any […]
KEEP READING . . .Bankruptcy Protections Eaten Away In Case Seeking Attorney Fees
Anyone who has filed or is thinking about filing for bankruptcy knows that filing for bankruptcy does two things: (1) generally, you get the protection of the automatic stay; and (2) upon grant of the discharge order, debts are discharged. There have been court decisions, however, that make it difficult to enforce those provisions – […]
KEEP READING . . .The beauty (and the ugly) of a chapter 13 bankruptcy, as experienced by a lawyer
I was in court this morning for a case of mine. It was scheduled for the dual purpose of confirmation of the chapter 13 plan, and the trustee’s motion to dismiss. It seems counterintuitive that the same case can be scheduled for a hearing before the court for two things, each seeking the polar opposite […]
KEEP READING . . .Debtor’s Bankruptcy Discharge Revoked for Failure to Turnover Inheritance
Bankruptcy relief is pretty extraordinary, when you think about it. You can file a case that, if properly done, terminates your obligation to pay debts. You can strip off mortgages. Judgments (not recorded against real property) are voided. A bankruptcy discharge is an extraordinary measure of relief, and really does give a debtor a fresh […]
KEEP READING . . .Inquest for NYC Landlords: What to do with a default judgment against a tenant
In NYC, hundreds of Landlord-Tenant cases are scheduled each day. Comparable to debt collection lawsuits, many tenants fail to show up to court when scheduled. It’s a difficult path to navigate: some people choose not to show up; others have a job that barely gets them by so they have to make the tough choice […]
KEEP READING . . .How You Can Use Bankruptcy to Discharge Divorce-based Debts
Often when reading a news story concerning bankruptcy, it’s framed as a debtor having hit “rock-bottom” in their finances, or some celebrity that didn’t know how much they were paying and to whom. While that approach is true in some cases, bankruptcy relief can be a very good strategic tool for many people.
KEEP READING . . .Chapter 13 Bankruptcy Debtors MAY Object to Claims Filed Post-Confirmation
Chapter 13 bankruptcy offers debtors a flexible and versatile way to deal with debts, especially when they may not qualify for chapter 7 bankruptcy, or are attempting to obtain a result not available in chapter 7 cases. For sure, there may be bumps in the road, especially when institutional creditors file documents attempting to obtain […]
KEEP READING . . .Bank Tries to Disregard Loan Modification Agreement that IT OFFERED in Bankruptcy Court!
“Wow!” That was all I could think after reading this case. Unfortunately, poor lender practices, especially in the foreclosure and bankruptcy context, have become all too common. If you or someone you know had been dealing with a foreclosure, then you might be aware of the challenges that had to be overcome to gain some […]
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