The Debtors made numerous prepetition charitable contributions to their church throughout 2008 and 2009. The Debtors’ prepetition gross earned income was less than $10,000 each year, however, the Debtors also received over $20,000 in social security payments annually. After filing for Chapter 7 relief, the Trustee filed an adversary proceeding against the Debtors’ church seeking…Read more
Can I File Bankruptcy If I Am Unemployed?
Unemployment Is One Of The Main Reasons People File Bankruptcy There are many misconceptions floating around about bankruptcy. I hear them all the time talking with my clients. One of them is that someone has to be employed to be able to file bankruptcy. I’d like to dispel this bankruptcy myth in true lawyer fashion:…Read more
Should I Use My Retirement Account to Pay Off Credit Card Debt?
Contrary to common belief, people who file bankruptcy aren’t people who believe they shouldn’t pay their bills. I have yet to meet a client who didn’t want to pay their debts. The reason they came to me was that they simply could no longer make ends meet. For months on end they had tried everything…Read more
Can I Use Something Besides My Social Security Card At The Meeting of Creditors?
Meeting of creditors coming up? Have everything you need? Take a deep breath. This unfortunately named meeting isn’t as bad as you have built it up in your mind. Before you know it, it will be over. You’ll wonder why you ever got anxious about this five minute meeting. If you’re still anxious, take one…Read more
11th Circuit Court of Appeals Bankruptcy Decision – In Re: Miguel A. Diaz vs. State of FL Dept. of Revenue, Miguel A. Diaz vs. Commonwealth of Virginia Dept of Social Services
The Florida Department of Revenue (“Florida DOR”) and the Virginia Department of Social Services (“Virginia DSS”) appeal the district court’s decision affirming an order of the bankruptcy court holding the agencies in contempt and awarding the debtor, Miguel Diaz, compensatory and punitive damages for the agencies’ alleged violations of the automatic stay and discharge injunction.…Read more
How Do I File Chapter 7 Bankruptcy?
By the time my clients come in for their initial consultation, some of them have done a fair amount of research. They know they need to file and they know what they need to do. They want me to help guide them through the process. But most of my clients are almost completely unfamiliar with…Read more
How Do I Hire a Bankruptcy Attorney in Denver?
If you are thinking about bankruptcy, you want to think long and hard about who you hire to guide you through the bankruptcy process. Imagine taking a rafting trip. Sure, you could get yourself a boat and some oars and dive right in. But an experienced guide can warn you of dangers lurking just below…Read more
9th Circuit Court of Appeals Bankruptcy Decision – Grantham v. Cory
The bankruptcy court determined that Grantham and Saba’s predecessor in interest, Broadway-Acacia, LLC, and the debtor Flamingo 55, Inc., were partners or coventurers in a venture to develop certain property, and that the loan in question was to them for the purpose of pursuing that venture. As a result, the bankruptcy court determined that Grantham…Read more
8th Circuit Court of Appeals Bankruptcy Decision – Burnett v. Burnett
Clarence Burnett (“Mr. Burnett”) reopened his Chapter 13 bankruptcy proceedings and, thereafter, moved the bankruptcy court to hold in contempt his former spouse, Nancy Jo Burnett (“Ms. Burnett”), and her subrogee, West Virginia’s Department of Health and Human Resources, Bureau of Child Support Enforcement (BCSE), for violating the terms of Mr. Burnett’s confirmed Chapter 13…Read more
What If There Were No Such Thing As Bankruptcy?
If you’re thinking about bankruptcy, I’m sure you’ve been doing quite a bit of reading about it. And I’m sure that you’ve come across some things that make you wonder if bankruptcy is a good idea. As I’ve written of before, not everyone has a high opinion of people who use the bankruptcy laws to…Read more
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