Bankruptcy petition preparers offer an option sort of like a guy in a trench coat selling wrist watches. Bankruptcy petition preparers are not attorneys but offer ‘document preparation services’. With a word processor and a computer, pretty much anyone can create a pile of paper. But a troublesome issue looms where bankruptcy petition preparers create [...]
Tag Archives: Bankruptcy
Debt Collectors and Bankruptcy Violations
Debt collectors must stop after a bankruptcy filing or they commit one of several bankruptcy violations. It doesn’t matter whether it’s a chapter 7, chapter 13 or other chapter. The filing of a bankruptcy creates what is called an automatic stay. Collection stops because the U.S. Bankruptcy Code imposes the automatic stay with the force of a federal [...]
BANKRUPTCY: Is ADHD A Defense Against Not Disclosing All Assets?
Bankruptcy filing requires truthful, complete disclosure of all assets, income and debt. But, the bankruptcy petition, schedules and other forms go on for pages, presenting numerous questions and issues. One debtor claimed the medical condition of ADHD (Attention Deficit Hyperactivity Disorder) prevented him from comprehending everything, and that his failure to include everything was caused [...]
New Years Resolutions Legal Matters
Mayan calendar apocalypse failed to materialize. A New Year is here. Usual resolutions of losing weight, working out and other lofty goals are fine. But, here are some legal resolutions. Contribute to your own retirement unt. Different alternatives exist including 401K, SEPP IRA, Roth and others. But if you want to reduce tax liabilities and [...]
BANKRUPTCY: INCLUDE ALL ASSETS INCOME AND DEBT
People sometimes talk about “putting things into” a bankruptcy, or “not putting something into” their bankruptcy. In reality, bankruptcy law requires full complete truthful disclosure of all assets, income and debt. Often, various issues can be addressed in a beneficial manner as long as there is full disclosure. But, when people play ‘hide and seek’ [...]
BANKRUPTCY: Charge Off – What is it?
A “Charge off” is an accounting device used by creditors. Generally, if a debt has not been paid for 180 days, the original creditor will write off your debt, removing it from their books. It does not mean that the debt no longer exists or that you no longer have the obligation to pay. The [...]
DEBT COLLECTORS & ORIGINAL DEBT
Attorney Myers: I’m being sued in small claims court over a debt from a company I never heard of. I know that I have some past bills. I went through a divorce, an illness and a layoff. The name of the company that brought this claim in court against me is someone I honestly never [...]
Bankruptcy Schedules Focus on Key Categories of Filer’s Finances
Bankruptcy schedules, filed with the bankruptcy petition, each focus on one aspect of the filer’s personal finances. There are 10 schedules, each designated with a letter, from A through J. Schedule A – Real Estate Schedule A requires listing of all real estate owned on the date of filing. This is obvious with respect to a home, if the [...]
BANKRUPTCY: Means Test – Chapter 7
The Chapter 7 means test determines whether people are eligible to file chapter 7 bankruptcy relief. Failing the test requires filing a chapter 13, filing no bankruptcy or taking a closer look. First Step To Chapter 7 Means Test The first step is simple math. Add all gross income in the household during the six [...]
PERSONAL INJURY: Do-It-Yourself Follies
Do-it-yourself in court and you may be in for a shock. Even a fool wouldn’t perform their own dental work with a handy man’s drill. Yet, every day, people represent themselves in court, often with disastrous results. Especially in personal injury claims. Here’s an actual case: “Buyers”, we’ll call them, bought a manufactured home from the “Sellers”. Buyers could have done a home inspection, [...]
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Bankruptcy: What Address Do You Use For Creditors
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Name Wrong on Marriage Certificate
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AUTO INSURANCE IN MASSACHUSETTS
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LIENS ON PERSONAL INJURY CASES
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PERSONAL INJURY: Do-It-Yourself Follies
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MITIGATION OF DAMAGES IN PERSONAL INJURY
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Discovery in Civil Litigation
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Dog Bite Cases in Personal Injury Law
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Notice Requirements in Personal Injury Cases
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PREMISES LIABILITY LAW AND INJURIES
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