by Preston Gardner and James McGuire The spike in real estate values has been a hopeful sign of an improving economy over the past year. For those considering bankruptcy, however, it should be viewed as a warning that certain bankruptcy
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Written by attorney, Carlene Simmons Many clients are curious during an initial consultation as to why we ask where they bank, but to an experienced bankruptcy attorney this is a vital question when paired with the question “do you owe
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Many people are aware that sweeping changes were made to the bankruptcy code in 2005. One of the biggest was the institution of the “means test” to determine eligibility to file for Chapter 7 bankruptcy protection. The “means test” was
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Recently a law firm in Florida filed suit against a finance company for stalking one of its clients on facebook. The woman in question had purchased a car and had fallen behind on her payments. Employing what appears to be
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Possible fraud in the processing of foreclosures has led many lenders to put a hold on pending trustee sales and foreclosures. Bank of America announced in October that it has widened its prior moratorium to include all 50 states. You can read
U.S. Supreme Court’s Recent Ruling Turns 9th Circuit “Projected Disposable Income” Calculation Precedent on Its Head Many individuals seeking debt relief by filing for bankruptcy discover that the “Means Test”, found in 11 U.S.C. §§ 707(b)(2) and 1325(b)(2), requires them
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CAN I DISCHARGE DEBTS TO A FORMER SPOUSE IN BANKRUPTCY? Certain debts to a spouse or former spouse may be discharged in a bankruptcy. However, the rules are quite complicated and you should carefully discuss the debts with a knowledgeable
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After several years of the worst recession in our life time, and years of depressing economic news, it appears that the first signs of good economic news are beginning to trickle in. Unfortunately, this will not slow down consumer bankruptcies,
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A recent New York Times Article, No Help In Sight, More Homeowners Walk Away, published February 2, 2010, suggested that more homeowners than any time in recent history are electing to walk away from real-estate that has no equity, or
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Many Arizona residents are aware that they are allowed a “homestead” exemption for equity in their primary residence. Many bankruptcy attorneys are aware of this fact as well. Currently, the homestead exemption in Arizona is $150,000. In the past, it
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