Category Archives: The Bankruptcy Code

Trying to eliminate divorce lawyer’s fee in bankruptcy

Debtors who have outstanding bills for legal fees at the time they file a bankruptcy case should include those bills on their bankruptcy schedules and seek to discharge them. Almost always this works out fine. Your own bills for legal work already performed are usually considered perfectly dischargable. A typical scenario involves a debtor who […]

Posted in The Bankruptcy Code | Comments closed

Hardship discharge requires plan confirmation first

Bankruptcy debtors with an active Chapter 13 case often hit a bump in the road and find themselves unable to make their plan payments. This does not absolutely mean their case was a waste of time. It is possible under the Bankruptcy Code to petition to the court for a hardship discharge, essentially gaining the […]

Also posted in Chapter 13 | Comments closed

Selling a house while you are in bankruptcy

What happens if you file a bankruptcy case, and then afterwards suddenly find the perfect buyer (i.e. one who can get financing and will actually go through with the purchase) for your home? A lot will depend on what chapter your case is filed under. If its a Chapter 7, like the majority of cases, […]

Also posted in Practical tips, Real estate | Comments closed

What’s IN your bankruptcy? Everything had better be IN your bankruptcy!

This may be included in the realm of misguided terminology, but I often get comments from my bankruptcy clients that sound something like this: “I didn’t know my cars were IN the bankruptcy.” Or, “I thought we were keeping the house out of this bankruptcy.” These statements are grating on my ears (they would be […]

Also posted in Exemptions, Practical tips | Comments closed

The central purpose of the consumer bankruptcy laws

“To everything there is a season, and a time for every purpose under heaven,” said the son of David in the biblical book of Ecclesiastes. But did you ever wonder what the official purpose behind having a bankruptcy system was? An creditor who has just had an account file for bankruptcy might be tempted to […]

Posted in The Bankruptcy Code | Comments closed

Billy Graham comments on the propriety of consumer bankruptcy

The famous evangelist Billy Graham was recently asked in his local newspaper’s question-and answer forum whether it was morally wrong for a married couple to file a consumer bankruptcy case. The couple wrote to Graham’s newspaper advice column saying they had gotten into a financial bind when they moved, couldn’t sell their old house, and […]

Also posted in Bankruptcy News | Comments closed

Banned from filing bankruptcy in Massachusetts?

Could you be banned from even filing a bankruptcy case in Massachusetts? Indeed you could be, and a married couple whose Chapter 13 case was before bankruptcy judge Melvin Hoffman recently was. The case is In re Durham. At issue was section 109 (g) (2) of the bankruptcy code, which prohibits a debtor from filing […]

Posted in The Bankruptcy Code | Comments closed

Some bankruptcy fees will be increasing on November 1st

Some of the fees charged by the bankruptcy court will be increasing a bit on November 1, 2011. The basic fees for filing a consumer case are increasing by $7. These will be $306 for a chapter 7 case, and $281 for a chapter 13 case. Also starting in November, it will now cost you […]

Posted in The Bankruptcy Code | Comments closed

Big trouble ensues over bankruptcy debtor’s failure to list his watch on his bankruptcy schedules

File this under “what not to do” if you’re filing a consumer bankruptcy case: “Forget” to list your Rolex watch on the bankruptcy schedules. Brian Sullivan, a debtor from Maine, found this out the hard way recently when the First Circuit Court of Appeals denied his discharge. (In other words, he got nothing out of […]

Also posted in Bankruptcy News, Exemptions | Comments closed

median income levels for clients thinking about bankruptcy in Massachusetts or New Hampshire

State median income levels are calculated by the Internal Revenue Service, and are used in bankruptcy court to determine eligibility to file a Chapter 7 case. For residents of Massachusetts: The median income for a one person household is $55,602; The median income for a two person household is $67,443; The median income for a […]

Posted in The Bankruptcy Code | Comments closed