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
Submitted by Attorney Charles B. Sellers When a person files personal bankruptcy, they do so with the expectation that many, if not most of the prior debts will be taken care of in that bankruptcy and are no longer a
Submitted by Attorney James McGuire Can I file bankruptcy if I am behind on my house payments? Clients often wonder whether they can file bankruptcy if they are behind on their house payments. The short answer is yes. However, which
In the past, Chapter 11 of the Bankruptcy Code has been used primarily by corporations hoping to reorganize and stay in business. However, with the real estate market downturn, more individuals have taken advantage of Chapter 11 to reorganize and
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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
In the majority of bankruptcy initial consultations I have conducted, I hear the same story. This story is about someone who has fallen on financial hard times. Many times, this story involves the person recounting me about how they are paralyzed
An adversary proceeding is a separate lawsuit that takes place in the context of a bankruptcy filing. As the name suggests, there are typically two parties fighting over some issue that requires the bankruptcy judge to decide an issue in
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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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