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 […]
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 […]
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.
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.
Less than half of Chapter 13 bankruptcies succeed. Why?