Not everyone is enamored with that All-American love for the motorcar, treating the machine in the driveway like a pet or a member of the family. Especially if it comes with a whopper monthly payment, or worse yet, periodically doesn’t run. While it is nowhere as common as the alternative, a few bankruptcy clients want […]
Author Archives: doug
So you want to keep your car?
Thinking about filing for bankruptcy, but worried that if you do, the “authorities” will leave you without a ride? For the most part, those fears are unrealistic. The people you see walking home from the courthouse have DUI’s, not bankruptcies. If you have a car with an outstanding loan (or cars with loans), and you […]
Posted in Secured loans
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Will a bankruptcy case stop a foreclosure cold?
In the depths of the current housing crisis, more people than ever are interested in the intersection of foreclosure law and bankruptcy. The short and skinny answer to the question posed above is “YES,” the filing of a consumer bakruptcy case will stop a forecloseure in its tracks. I am always a little amazed at […]
Posted in Real estate
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No good deed goes unpunished
What began so simply in 1998 as a couple’s intent to help their struggling daughter establish a home has resulted in a bankrutpcy court nightmare that continues to this very day. In that year Kenneth Duda and his then wife purchsed a two family home in Northfield, Massachusetts with the intention that their daughter Pamela […]
Posted in Chapter 7, Real estate
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Who owns your tax refund?
If you decide to file a bankruptcy case, what happens to that tax refund check that you are expecting? In most cases, the the answer is simple: most debtors will be able to have their attorney fill out the bankruptcy forms so that the refund is declared “exempt.” Even if the IRS or DOR issues […]
Posted in Taxes
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Thinking of erasing student loans by claiming hardship?
Recent changes to the bankruptcy laws make the elimination of student loans through filing bankruptcy very difficult. In particular, once the debtor has filed her case, she must then file a separate lawsuit in the bankruptcy court against the lender, and then prove to the court that the student loans are causing an “undue hardship,” preventing financial […]
Posted in Student loans
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