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,…
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…
You can use your 401k payroll deduction to reduce your chapter 13 plan payment dollar for dollar. It may be hard to believe, but you may be part of the community who has excess income for bankruptcy purposes. Excess income is determined in the following ways: The good-faith income test In a chapter 13 the…
Here are 5 reasons that will make you want to run from your bankruptcy consultation and find another lawyer. The purpose of consultation is to decide if the attorney is right for you, and you are right for the bankruptcy attorney. This is a list of 5 items you should watch for to decide if…
Clients who come into my office often ask, “Do I need to hire a bankruptcy lawyer in Elyria?” The answer to that question is up to you. Bankruptcy lawyers, especially the ones who know what they are doing, are expensive. Overall the total cost to file, even if you hire the most expensive bankruptcy lawyer,…
Should there be a bankruptcy before your wedding? You planned everything else to a tee. What about your finances after marriage? I have seen a number of situations in which one or both of the newlyweds could benefit immensely from either a chapter 13 or a chapter 7 filing before marriage. In each case the…
How does the marital adjustment apply to your means test when you file without your spouse? First it is fairly common for one party to a marriage to file bankruptcy without the other. Some of the reasons this might happen are: Only one spouse has debt One spouse can not file because of a previous…
The bankruptcy means test was the centerpiece of the 2005 BAPCPA amendments to the bankruptcy code. Anything that congress did those years carried an expiration date. Think back to the Patriot Act, remember when we had rights? How about the Tax Cut? You will remember that in 2011 when it goes away. As a gift…