Monthly Archives: June 2013

First Circuit blocks hybrid bankruptcy plans in Chapter 13

By doug | Published: June 14, 2013

In one of the most important bankruptcy opinions handed down in the past few years, in late May 2013 a panel of bankruptcy judges from the First Circuit Court of Appeals ruled that debtors in a Chapter 13 case could not file what is sometimes called a “hybrid plan.” Hybrid plans were favorites of debtors […]

Posted in Bankruptcy News, Chapter 13 | Comments closed

Bankruptcy certificates may soon be filed directly

By doug | Published: June 11, 2013

As it stands, today, debtors looking for a bankruptcy discharge must complete a financial education course (either online or over the phone) before the discharge will be granted. Proof that the course was taken comes in the form of a certificate which must be filed with the bankruptcy court. (The certificate isn’t nearly as grand […]

Posted in Bankruptcy News, Practical tips | Comments closed

Bankruptcy does eliminate credit card judgments

By doug | Published: June 5, 2013

People in debt should be very careful about taking the threats of debt collectors to heart. A good example: some collectors will imply to scared debtors that they have a judgment form a court for a credit card or medical bill, and that means its “too late” to file for bankruptcy. Wrong! We can file […]

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Would your ex-spouse torpedo your bankruptcy case?

By doug | Published: June 4, 2013

Russell DeMott, a bankruptcy lawyer from South Carolina has written a very entertaining article about the extents that ex-spouses can go to make life miserable for their old partners — including combing through bankruptcy petitions and making all sorts of objections, from the accurate to the ridiculous. DeMott’s point is that if debtors with an […]

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Which credit cards should a debtor declare on a bankruptcy petition?

By doug | Published: June 3, 2013

One of the most common questions bankruptcy lawyers get from clients runs along these lines: “Which of my credit cards do you think I should declare in the bankruptcy?” This one actually has a simple, straightforward answer: all of them! There are a few reasons why. First of all, the bankruptcy law simply requires debtors […]

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