Monthly Archives: December 2008

What Bankruptcy Can Not Do

Bankruptcy can not, however, cure every financial problem.  Nor is it the right step for every individual.  In bankruptcy, it is usually not possible to: Eliminate certain rights of “secured” creditors.  A creditor is “secured” if it has taken a mortgage or other lien on property as collateral for a loan.  Common examples are car…

What Can Bankruptcy Do for Me?

Bankruptcy may make it possible for you to: Eliminate the legal obligation to pay most or all of your debts.  This is called a “discharge” of debts.  It is designed to give you a fresh financial start. Stop foreclosure on your house or mobile home and allow you an opportunity to catch up on missed…

What Is Bankruptcy?

Bankruptcy is a legal proceeding in which a person who can not pay his or her bills can get a fresh financial start.  The right to file for bankruptcy is provided by federal law, and all bankruptcy cases are handled in federal court.  Filing bankruptcy immediately stops all of your creditors from seeking to collect…

How Do I Find a Bankruptcy Attorney?

As with any area of the law, it is important to carefully select an attorney who will respond to your personal situation.  The attorney should not be too busy to meet you individually and to answer questions as necessary. The best way to find a trustworthy bankruptcy attorney is to seek recommendations from family, friends…

Can I File Bankruptcy Without an Attorney?

Although it may be possible for some people to file a bankruptcy case without an attorney, it is not a step to be taken lightly.  The process is difficult and you may lose property or other rights if you do not know the law.  It takes patience and careful preparation.  Chapter 7 (straight bankruptcy) cases…

Bankruptcy Help Still Available

A decision to file for bankruptcy should be made only after determining that bankruptcy is the best way to deal with your financial problems.  This brochure can not explain every aspect of the bankruptcy process.  If you still have questions after reading it, you should speak with an attorney familiar with bankruptcy. There have been…

Check Out Bankruptcy Law Network and Sister Sites on Mortgages, Debt and Credit

I invite you to read about consumer bankruptcy law at Bankruptcy Law Network. It has been my pleasure to join 24 bankruptcy lawyers and consumer advocates from around the country in writing blog posts for BLN, which has become, in less than two years, the premier Internet site for consumer bankruptcy law information. The American…

Pets Abandoned in Hard Times

People struggling financially are making tough choices and are being forced to give up their pets.  Almost daily people are bringing dogs and cats they can no longer care for to the Topeka animal shelter. Recently a man brought in two skinny dogs, saying he couldn’t afford to feed them. “He had to feed his…

Conversion Moots Negative Equity Case

Court watchers will have to wait for another case to find out how the U.S. Court of Appeals for the Tenth Circuit will rule on the so-called negative equity issue.   The Court dismissed the appeal in In re: Hunt, No. 07-3297, as moot after the debtor converted his case from chapter 13 to chapter…

Mortgage Creditor Denied Bankruptcy Attorneys Fees

A mortgage creditor may not include attorneys fees in its chapter 13 bankruptcy proof of claim unless the loan documents expressly allow creditor attorneys fees for bankruptcy proceedings, Judge Janice Miller Karlin ruled this week. U.S. Bank Home Mortgage relied on the “do and pay whatever is necessary to protect the value of the Property…

NCLC Collects Mortgage Modification Information

National Consumer Law Center (NCLC), America’s consumer law experts, has collected information about the mortgage industry and government sponsored loan modification programs for combating foreclosure. Loan Modification Programs Chart

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