What (at a minimum) should you expect from your attorney?

What follows is my opinion on what you should expect from your attorney. They are the minimum standards of conduct necessary in order to build trust between an attorney and his client. My view is that you have a right, not just to ask for, but to demand the following:   His or her attention. An attorney must listen to you in order […]

Abuses by Debt Collectors May Result in Adoption of New Rules by the Feds

Debt collectors have attempted to intimidate consumers into paying debts that are prescribed or not owed at all in cases of mistaken identity. If new rules are adopted debt companies would have to more fully document their accounts. Also proposed are requirements that would prevent a collector from contacting a debtor more than 6 times […]

8 Ways to Stay Out of Bankruptcy

I am a bankruptcy attorney. From my point of view here are the things that most often push people into bankruptcy.

The Dreaded Means Test in Chapter 7 Bankruptcy

The Means Test is the fierce hurdle Chapter 7 bankruptcy filers have to clear to avoid having the Court dismiss or convert their cases. The kernel of the means test is this: If a debtor’s income exceeds his expenses by a certain amount proportional to his total unsecured debt, then abuse will be found, or at least abuse will be presumed. Each of these are terms of art and have specific definitions in the bankruptcy world.

Abusive Auto Loans – It Used to Take a Repo Man

Beware subprime auto loans that require the vehicle be outfitted with a starter interrupt device.

Are my income taxes dischargeable in a bankruptcy?

In only limited cases are taxes or tax penalties dischargeable in bankruptcy. The primary issue is timing and a separate analysis must be done for each year’s taxes, interest and penalties.

I have a financial question about my Chapter 13 bankruptcy case?

The National Data Center website may have just the information you are seeking.  In a new development the National Data Center has coordinated with the New Orleans Chapter 13 Trustee’s Office. At the Data Center’s website a debtor can view the latest financial information about their case: On the Case Summary page the debtor can […]

In a bankruptcy what happens to debts between a divorced husband and wife?

There are two types of marital debts and they are treated differently in bankruptcy. Marital property settlement debts are dischargeable in a completed Chapter 13 bankruptcy.

Will bankruptcy improve my credit score?

It might seem counterintuitive, but filing bankruptcy usually improves a credit score. The estimated 12 month post-filing credit score typically shows increases of from 25 to 100 points. Expect still greater improvement if post-filing credit is applied for, used wisely and bills are paid promptly. This is for several reasons. The bankruptcy liquidates most debts […]

Why do Chapter 13 bankruptcies fail?

Less than half of Chapter 13 bankruptcies succeed. Why?