Blog: Bankruptcy

Knowing When It’s Time to Consider Bankruptcy

Mar 23, 2018

In our years in practice, we’ve helped many people get a fresh start with personal or business bankruptcy filings. We’ve also had many people come to us after waiting far too long, limiting our ability to minimize the consequences of a bankruptcy filing. We know there can a lot of reasons to put off the decision to file: You may be overly optimistic, certain that you’re about ready to turn a corner You may perceive...

The Means Test in a Chapter 7 Bankruptcy Proceeding

Aug 10, 2017

When you’re looking to file for personal bankruptcy protection, there are generally two options—a Chapter 7 liquidation proceeding and a Chapter 13 “Wage Earner’s Plan.” For most of the history of American bankruptcy law, there were few limits on which route you could choose. However, in 2005, Congress made sweeping changes to the bankruptcy laws, making it much more difficult for a personal debtor to permanently discharge debts. Under those revisions, you must now submit...

What to Expect During a Bankruptcy Fraud Investigation

Feb 12, 2017

The federal bankruptcy courts take the process seriously—while bankruptcy is considered a right conferred by federal statute, the trustee has a number of tools to ferret out fraud and protect the system. Here’s what customarily happens when the trustee suspects fraud or misrepresentation. Step One: A Rule 2004 Examination Under Rule 2004 of the bankruptcy code, the trustee can require that a debtor, creditor or other person submit to questioning or produce documents related to...

Can a Bankruptcy Filing Help You Avoid Foreclosure?

Dec 19, 2016

Have you fallen behind in your mortgage payments? Have you received notice that your lender is seeking to foreclose, or are you worried that could happen any day? You may be considering filing for bankruptcy protection as a way of keeping your home. Here are some guidelines to help you make the right decision. A Bankruptcy Filing Will Only Temporarily Suspend a Foreclosure Proceeding The actual filing of either a Chapter 7 or Chapter 13...