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Can a landlord collect rent if the house is in foreclosure?

A person signing a check with a pen.

While the number of homeowners facing eviction has been reduced in recent years as cases have been resolved, there still remain properties that remain in the foreclosure process.  In many of these cases, the files have sat in the court, untouched and unmoved, as creditor banks decide which properties are worth (and not worth) foreclosing […]

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How much does it cost to file bankruptcy?

A dollar bill fragment displayed on a wooden table, representing the financial impact of bankruptcy.

When you’re dealing with debt, you may feel that you’re in tough and lonely place.  Debt takes a heavy toll on people – on their mental health, their physical health, their emotional and spiritual health.  Fortunately, bankruptcy is an option for many people.  So if that’s you, one of the first questions you may have […]

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When you have debt, what to do: Debt Consolidation vs Bankruptcy

A man performing laptop tasks at a workstation.

If money is tight for you, and you’re struggling with your debt, you may be looking to take action.  Bankruptcy, it seems, is the “last resort” for people (which I don’t think it should be – bankruptcy can be used strategically).  You see commercials for debt consolidation programs that offer low monthly payments to get […]

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I received a wage garnishment. Can filing for Bankruptcy help?

Money Transfer in Garnishment

You get home and check your mail when you notice a discreet envelope from a marshal’s office that says “Personal and Confidential.” You open it up and you see, in big letters at the top of the letter, “GARNISHMENT.” In a few weeks, you notice that your paycheck is smaller. You notice a new deduction: […]

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In bankruptcy, is there a difference between a “debt” and a “claim”?

A document showcases the difference between a debt and a claim, with a pen nearby.

Legal cases often hinge around very fine, technical distinctions between words.  This is one of those times.  In this article, we’ll take a look at a very important issue: in bankruptcy, is there a difference between a “debt” and a “claim?”

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Should a Landlord Enter Into a Settlement in an Eviction Case?

Should a landlord enter into a settlement agreement with their tenant regarding a legal dispute.

In my practice, when I handle eviction cases, I generally represent landlords looking to evict a tenant and recover possession of the apartment.  Usually, when first discussing a landlord-tenant case with a landlord, I always feel that the landlord has this idea is that I , as the attorney, will storm into court and argue that […]

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Can I discharge a credit card debt that was incurred to pay taxes?

A hand gripping a credit card symbolizing mounting debt.

As the tax return season is in full swing, many people have already filed their returns and, unfortunately, may owe the IRS or state taxing agency.  While there are usually options available to pay taxes, many people don’t want to deal with an on-going debt.  If you already had an eye towards filing for bankruptcy, […]

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What happens if you fail to turnover property in bankruptcy? You could lose your discharge!

A man in a suit fails to turnover property.

When a bankruptcy case is filed, the goal is to keep the debtors with as much of their property as possible.  Sometimes, though, to get the discharge, a debtor has to turnover property.  Generally, it’s because they don’t have sufficient exemptions to protect the property.  A very tricky asset can be a potential tax return.  Even […]

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