Blog
Are Property Taxes Dischargeable in Chapter 7?
Not all debt is created equal. We know this subjectively (who would you prefer to pay back, your mom or your credit card company?), and we know this objectively by reading the Bankruptcy code. Mortgage payments, car loans, tax debt,…
The Power of a Power of Attorney in Bankruptcy
It’s not uncommon for us to have consultations with family members who are concerned about a parent or sibling’s debt problems. Sometimes the parent or sibling is present for the consultation, sometimes they aren’t. What can cause difficulty sometimes is…
Results from the Fourth Circuit
We mentioned with pride some months ago that a case of ours was winding its way up the appellate chain. Granted, we would have preferred to have simply prevailed at the bankruptcy court level, but when Judge Leonard ruled against…
Just How White is the Trustee's Hat?
Nothing puts debtors attorneys in a good mood quite like a juicy story about some tacky debt settlement “law firm” racket getting busted up and fined. It happens all the time and the stories themselves are largely interchangeable: little old lady X hires debt settlement…
What's Your Sleepless Night Worth?
The moment a bankruptcy case is filed, an automatic stay is imposed that requires all creditors to stop their collection activities. Since most creditors in a bankruptcy case are large institutions who process countless bankruptcy filings every day (Bank of America, Citi, Ford Motor Credit),…
More Attacks on the "Snap-shot" Approach to Bankruptcy
One of the central tenants of bankruptcy law says that if a debtor has disposable money lying around at the end of each month, they should pay it to their creditors. How to determine a debtor’s disposable income is, however, rather complicated. A regular question…
When To Think Twice About Paying a Car Loan In Your Ch 13 Bankruptcy
When an individual falls behind on secured debt payments, there isn’t a lot of good news that we can give. Option one is to walk away from the collateral, thereby changing the nature of the debt from secured to unsecured….
What Protection is a Co-Debtor Granted?
Let’s start with the general rule: the relief granted in an individual’s bankruptcy case is limited to that individual. A co-debtor – whether a spouse, parent, or business partner – will remain liable for any debt on which they co-signed….
Joint Tax Refunds in an Individual Bankruptcy Case
Tis the season for tax refunds! It goes nearly without saying that a tax refund – whether a debtor in bankruptcy has physically received it or not – is property of the debtor’s bankruptcy estate and vulnerable to being taken by a chapter 7…
401[k] Loans and Chapter 13
First, just to be clear, a 401[k] loan is not actually a “loan” in the traditional sense. It’s really just a way of accessing some of your retirement money early without paying a tax penalty. Because it’s not a real loan, with a…
