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Why It’s a Bad Idea to Represent Yourself in a Bankruptcy Filing

The Importance of Legal Counsel in Bankruptcy Proceedings When you're struggling to make ends meet, it may seem like the last thing you want to do is hire an attorney. After all, if you can't afford to pay your others bills, how can you expect to pay a lawyer? For that reason, or maybe because you think a bankruptcy proceeding can't be that … [Read more...]

When the Automatic Stay in Bankruptcy Does Not Apply

The Limits of Your Legal Protection in Bankruptcy One of the most attractive features of American bankruptcy law is the "automatic stay" that goes into effect immediately upon filing of a bankruptcy petition. It generally prohibits creditors from calling, writing, filing legal action, or otherwise attempting to collect a debt except through the … [Read more...]

Facing Unmanageable Medical Debt in Retirement?

Is Filing Bankruptcy a Good Solution? It's part of the aging process—our bodies start to break down, and we require additional medical care. With changes in employer-provided health insurance and government programs over the last couple decades, it's no surprise that medical debt is the single biggest financial challenge facing most older … [Read more...]

Preferences in Bankruptcy

What Is a Preference? Will It Have an Impact on Your Filing? One of the most significant benefits of American bankruptcy law in the automatic stay, which goes into effect immediately and prohibits creditors from taking any action to collect a debt outside of the bankruptcy proceeding. The bankruptcy court, however, is concerned with more than … [Read more...]

Contracts That May Be Unenforceable

Circumstances That Can Invalidate an Agreement As the law of contracts has evolved over centuries, certain requirements have been established to ensure the enforceability of an agreement. Accordingly, a number of situations have been identified where a contract generally will be considered invalid: Where the Purpose of the Contract Is Illegal—The … [Read more...]

Happy New Year 2020

Wishing you holidays filled with fun and laughter, and very best wishes for a prosperous new year. … [Read more...]

The Treatment of Recent Payments in a Bankruptcy Proceeding

What is a Preference? How Will It Affect Your Bankruptcy Filing? Sometimes you have a pretty clear sense that you're heading toward bankruptcy, and sometimes you don't. You may be working hard to get all your vendors paid but unable to get over the hump without the protection of American bankruptcy laws. When you file for bankruptcy, the court … [Read more...]

Cramdowns in Chapter 13 Bankruptcy Filings

What Is a Cramdown? How Do You Qualify? When you need protection under American bankruptcy laws but don't qualify to discharge debts under Chapter 7, you still can secure significant benefits with a Chapter 13 reorganization. In addition to obtaining the protection of the automatic stay, which prohibits creditors from calling, writing, or taking … [Read more...]

Fraudulent Transfers in Bankruptcy

What They Are | How to Avoid Them The American bankruptcy laws were established to provide debtors with an opportunity for a fresh start. Bankruptcy allows you either to discharge or restructure debt and protects you from harassment by creditors. But there are rules you must follow that insure the process also is fair to creditors. One of the most … [Read more...]

Happy Thanksgiving 2019

"Let me encourage you to get up every day and focus on what you do have in life. Be thankful for the blessings of the little things, even when you don't get what you expect." – Victoria Osteen … [Read more...]