Category Archives: Practical tips

Double vision: can a debtor have two bankruptcy cases going on at the same time?

Most people don’t even want to file one bankruptcy case. Why on earth would anyone want to be involved in two (or even more) cases simultaneously? Usually the answer involves a debtor’s desperate attempt to stop a foreclosure auction so they can hang on to their home. Or, from the lender’s point of view, a […]

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Yes, you can discharge utility bills in bankruptcy — and still keep the lights on

In my experience, one of the most underused provisions of the bankruptcy code involve the ability to discharge utility bills with very little consequence to the debtor. In a Chapter 7 case, utility bills are nearly always classified as unsecured debts, and are discharged 100% simply by listing them on Schedule F accompanying a voluntary […]

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What happens to your car payment when the world is paralyzed by the corona virus?

With tens of millions of Americans sidelined, either in whole or in part, by quarantine orders due to the corona virus outbreak in the spring of 2020, a looming question for many is whether they can or should be making regular payments on the family car or truck. So far, at least, the media hasn’t […]

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Should anyone rely on bankruptcy appeals?

Clients hire lawyers for specific answers to a legal problem.  Lawyers, in turn, generally want to provide their clients with such answers by doing some legal research and applying the results to the specifics of the client’s situation, and then making an educated guess about the possible outcomes. In most areas of the law, lawyers […]

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Stopping creditor calls to your cell phone

Being unable to pay your bills can make you feel powerless. Nasty letters and phone calls can ruin your day, especially when a collector calls your cell phone during work or while you are with friends. Fortunately, there are several consumer protection laws that can redistribute the balance of power and bring you some peace. […]

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A primer on credit repair

When people go through bankruptcy, whether they use Chapter 7 or Chapter 13, one of their top concerns is repairing their credit score afterwards. It is a valid concern, as bankruptcy can negatively impact your credit score, and a poor credit score can make your future finances and purchases harder to manage. In order to […]

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Don’t panic if you see zeros on your credit report after bankruptcy

Clients often call me months or years after their bankruptcies are finished with a version of the same complaint: “I just checked my credit report, and my [car loan, mortgage, etc.] shows a zero balance. Plus, the payments I’m making aren’t being shown on the report.” Relax, I say. First of all, this is correct […]

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How long will my bankruptcy case last?

A man with a toothache cares about only one question — when will the pain go away? For most people, filing for bankruptcy shouldn’t be as painful as a toothache, but even the most sanguine of debtors are often curious about when their case will be over. For a consumer Chapter 7 case with no […]

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Questions asked at bankruptcy meetings

Every person who files a bankruptcy case has to show up somewhere for at least one hearing and face the music by answering a series of questions under oath. These “hearings” are called the “meeting of creditors” or sometimes the “341 hearing” after section 341 of the bankruptcy code which requires it. They will take […]

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Debt collectors know when to pounce on you — how one does it

One of the nation’s largest debt collectors,Portfolio Recovery Associates, has been in the news lately, and this article exposes a hard truth about the collections system: Debt collectors know when your finances improve. Because debt collectors pay the credit bureaus to tell them. I’m a bankruptcy attorney, and I know people want to put off […]

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