V is for Venue

Venue in bankruptcy court is the location in which your case will be filed and heard. Just like anything else this is controlled by a provision of the bankruptcy code. The rules for venue are simple. Venue is proper in the judicial district where for the 180 days prior to filing your petition you have…

U is for Unauthorized Practice of Law

Unauthorized practice of law is an offense that is sometimes committed in bankruptcy. When it happens it is rarely intentional on the part of the debtors. In fact I personally never seen a person or organization prosecuted for this at any level. That is significant because I started my career as a city prosecuting attorney,…

T is for Tax Refund

If you expect a big tax refund and need to file bankruptcy gear up for the big money grab. Unfortunately it is not for you and I. It is for the assigned chapter 7 panel trustee and by extension your creditors. I try to preserve as much of the refund for you and your family…

S is for Spouse

If you are a spouse. a former spouse or an ex the bankruptcy code has something for you! You figure into the scheme of things in a variety of ways. For more topic specific explanations click the links within each paragraph: Present spouse Joint bankruptcy filing Married couples can file a bankruptcy case, even if…

R is For Reaffirmation Agreement

The reaffirmation agreement is nothing new in bankruptcy law.  It is basically an agreement that you will continue to pay on a debt, even though you have been discharged in bankruptcy.  The debt normally addressed by a reaffirmation agreement is a secured debt.  I have only done one for an unsecured creditor, but we later…

Q is for Quitclaim

 A quitclaim deed, discharge and a bank walk away. What do these items have in common? For me, nothing, that is until this past week. On Monday different clients came in to my office with the same conundrum. Clients with Discharge and Bank Walk Away Each received a bankruptcy discharge. I allowed neither to reaffirm…

P is for Phone Call

Return a phone call to your client. What a novel concept. I have had two situations over the past few years where frustrated people had chapter 13 lawyers who would not return their calls. One of them posted a testimonial on my home page. Each of these poor people had different lawyers. I refer to…

O is for Old

Eight years between Chapter 7 bankruptcy cases.  Many who come to me really don’t pay attention to what was taken away from them by government in bankruptcy reform.  Few understand the years required between their old and their new bankruptcy cases.  These break into four classes: Eight between filing chapter 7 bankruptcy cases. Six between chapter…

N is for Never

You finally decide to file bankruptcy. I do not expect you to be a lawyer, or to even know the law. There are two things you should never ever do financially, especially in the lead up to bankruptcy.  Each basically involves debt consolidation instead of bankruptcy. When should you do them? NEVER! The things you…

M is for Mistakes

Before you see me you need to avoid common mistakes in bankruptcy planning. You need information about bankruptcy.  Maybe you need to file.  Perhaps you are looking to find the right attorney for a loved one.  For whatever reason, you are here with me now.  I want to tell you a story.  It is about…