Category Archives: Uncategorized

Strict rule on bankruptcy credit counseling

A debtor in New Hampshire had his case thrown out of court for not taking a credit counseling course — even though he had completed the course twice! The seemingly baffling result is due to the exacting requirement of bankruptcy code section 109 (h), which demands that the counseling be taking within 180 days immediately […]

Posted in Uncategorized | Comments closed

Electronic filing form is an important part of a New Hampshire bankruptcy case, too!

A typical Chapter 7 bankruptcy filing runs 40 pages or more. (A good reason why it’s a smart idea to hire an attorney to have it done right). But your signature is only needed in two places! That is because the bankruptcy courts in New Hampshire and Massachusetts, and indeed in the rest of the […]

Also posted in Practical tips | Comments closed

Misunderstanding the Chapter 7 means test rules for business debt

Orlando bankruptcy lawyer Jonathan Alper has written a nice piece reminding us that debtors — and sometimes lawyers, too, often don’t apply the means test rules on business debt correctly. A quick primer: Debtors usually must pass a Chapter 7 “means-test” in order to qualify to file under that chapter and discharge debt outright without […]

Posted in Uncategorized | Comments closed

Can a bankruptcy judge force you to run a business?

Could a bankruptcy judge force a debtor to keep operating a particular business? In the usual course of practicing bankruptcy law, such a ridiculous question wouldn’t even come up. Bankruptcy judges see more failed businesses and their downcast owners then anyone else. And there is no way that they are going to make a business […]

Posted in Uncategorized | Comments closed

In Memorium: Justice Michael T. Stella, Jr.

The Lawrence Eagle -Tribune has reported the death of the Honorable Michael T. Stella, Jr. at age 65. Judge Stella, who retired from full-time service in 2004, was never a bankruptcy judge; instead, he served as a Massachusetts district court judge, most always presiding in the Lawrence District Court. This position nevertheless gave him a […]

Posted in Uncategorized | Comments closed