July 26, 2019

I have been a practicing bankruptcy attorney since 2004, and all during that time span, I have seen first hand, the physical and mental stress that uncontrollable debt can cause on a individual.    From the initial consultation meeting, my client's level of physical an...

July 3, 2019

Without fail, every time I’m introduced to someone for the first time and the discussion of what do I do for a living comes up, and I tell them that I’m a bankruptcy attorney, more often than not, the person will make the statement that ‘Aren’t people who file for bank...

The term 'fraudulent transfer' is a very important term to those of us practicing in the field of bankruptcy law.  For the attorney representing the Debtor, to the trustee, or to the creditor(s), it can take on a different meaning with a very significant outcome.   Und...

When constructing a consumer bankruptcy case, an important step is to determine all of a debtor's legal and equitable interests in property and its fair market value.  This is what is known as an equity analysis. Because once your case is filed, a bankruptcy estate is...

There are companies that purchase debt for a minimal amount and then try to collect the debt for its own account.  Suppose that company uses collection practices that would violate the Fair Debt Collection Practices Act (FDCPA).  Could you file a lawsuit against that c...

The U.S. Supreme Court addressed an issue that arose in a chapter 13 case of whether the filing of a proof of claim that is 'obviously time barred debt' violates the Fair Debt Collections Practice Act.  In a slip opinion cited as Midland Funding, LLC v. Johnson, 581 U....

May 17, 2017

Are Amendments to Bankruptcy Schedules Freely Allowed?

Once a Chapter 7 bankruptcy case is filed, how much time does a Debtor have to amend the schedules?    Suppose you filed a joint Chapter 7 bankruptcy case with your spouse, and subsequently after you received y...

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Uncontrollable Debt and Stress

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