Recent Posts in Bankruptcy Category
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Posted on Aug 1, 2011 By Regina King
Millions of consumers in America are contemplating bankruptcy to discharge their overwhelming debts. But once you file bankruptcy your credit score might drop temporarily. Therefore, people who are ...
Continue reading "How can you reestablish your credit score after declaring bankruptcy?" »
Posted on Jan 21, 2011 By Joseph Tosti
Five years after bankruptcy reform, and millions of cases later, the Supreme Court is still deciding issues affecting the most basic administration of bankruptcy cases. The latest case, In re Ransom , ...
Continue reading "Should the Supreme Court Teach a Bankruptcy Seminar? Yes, as soon as possible." »
Posted on Jan 14, 2011 By Joseph Tosti
Foreclosures have been getting a lot of media attention lately, but credit card debt probably accounts for more bankruptcies than foreclosures. And a lot of people who fall behind on mortgage payments ...
Continue reading "Credit Cards and Bankruptcy" »
Posted on Jan 11, 2011 By Joseph Tosti
Student loan debt is not dischargeable in bankruptcy. That's not news-it's pretty much common knowledge. But student loan debt for newly-minted lawyers is a growing problem, since the job market for ...
Continue reading "Bankruptcy and Student Loans-Time to Reconsider Discharge" »
Posted on Jan 10, 2011 By Joseph Tosti
Unless you are a mortician most people do not like to think about death, especially when considering filing bankruptcy. However there are times when death comes into play whether it be the death of ...
Continue reading "Death and Bankruptcy." »
Posted on Jan 10, 2011 By Joseph Tosti
Holidays are wonderful… and sometimes, some parts, not so wonderful. Some of us know this because we are barely now relaxing from the rush to prepare, having battled traffic and crowds and lines in ...
Continue reading "After the Holidays — Now Comes the Hard Part" »
Posted on Jan 7, 2011 By Joseph Tosti
People frequently ask whether they can file a bankruptcy case without their spouse. The simple answer is yes. The complicated answer is that your spouse matters for several reasons. Let's assume that ...
Continue reading "Can I file bankruptcy without my wife? Can I file bankruptcy without my husband?" »
Posted on Jan 6, 2011 By Joseph Tosti
Yesterday’s Wall Street Journal published an opinion piece by George Mason University law professor Todd Zywicki entitled Dodd-Frank and the Return of the Loan Shark . If you do not subscribe to the ...
Continue reading "The 2009 Credit CARD Act – Does it Do More Harm than Good?" »
Posted on Jan 6, 2011 By Joseph Tosti
For the first time, a federal appeals court has ruled that the bankruptcy code does not forbid a private employer from refusing to hire a person based solely on the fact that he or she filed for ...
Continue reading "Bankruptcy Discrimination in Hiring Approved by Federal Appeals Court" »
Posted on Jan 5, 2011 By Joseph Tosti
As we start a new year, it is a good time to set some new financial goals. In particular, the goal of reducing debt or eliminating your dependence on debt should be everyone’s goal. So, how do we get ...
Continue reading "A New Year–A New Financial Goal" »
Posted on Jan 5, 2011 By Joseph Tosti
Even a rich and ancient institution like the Roman Catholic Church needs bankruptcy. On January 4, 2011 the Archdiocese of Milwaukee filed for protection in bankruptcy under chapter 11 . Other ...
Continue reading "Milwaukee Catholic Church Files for Bankruptcy under Chapter 11" »
Posted on Jan 4, 2011 By Joseph Tosti
No one wants to file bankruptcy. No one does it for fun. It's like going to the dentist (or proctologist, or urologist-take your pick). You do it only because you need to, and it will improve your ...
Continue reading "Should Bankruptcy Be One of Your New Year’s Resolutions?" »
Posted on Jan 3, 2011 By Joseph Tosti
The bankruptcy code give you l imited protection against employment discrimination after bankruptcy . You can’t get fired from your existing job in the private sector. You can’t be discriminated ...
Continue reading "Law prohibits employment discrimination after bankruptcy" »
Posted on Jan 3, 2011 By Joseph Tosti
On more than one occasion, I have represented individuals in Chapter 7 and Chapter 13 bankruptcy cases when the debt that prompted the filing was wholly or in large part co-signed debt . It seems that ...
Continue reading "Am I Responsible for a Deceased Child Borrower’s Student Loan Debt?" »
Posted on Jan 3, 2011 By Joseph Tosti
Every person that files a bankruptcy is required to attend a Meeting of Creditors . The meeting, also called a Section 341(a) meeting is held by a Trustee . The Trustee is an individual, usually an ...
Continue reading "Bankruptcy: The Meeting of Creditors. What Did The Trustee Say?" »
Posted on Dec 30, 2010 By Joseph Tosti
As a consumer bankruptcy attorney I get to see trends coming before they become mainstream. Living in Southwest Florida , I get to deal with people from all walks of life. The generation that I find ...
Continue reading "Credit Card Horrors For Senior Citizens" »
Posted on Dec 28, 2010 By Joseph Tosti
HAMP, the Home Affordable Modification Program which can modify a mortgage, is no way to avoid bankruptcy. It's a heart-breaker. It builds up false hopes and then destroys them. That's my conclusion ...
Continue reading "HAMP Mortgage Modifications and Bankruptcy" »
Posted on Dec 27, 2010 By Joseph Tosti
Gov. David Paterson has signed a bill that gives more protection to New Yorkers who file bankruptcy or who have been sued by bill collectors. The new law increases the exemptions that people can use ...
Continue reading "Outgoing Governor Paterson Gives New York Debtors Something to Cheer About!" »
Posted on Dec 26, 2010 By Joseph Tosti
In earlier posts, two bankruptcies filed by debtors appearing in Bravo Television reality shows were discussed. Terese Giudice who appears on Real Housewives of New Jersey and Sonja Morgan who appears ...
Continue reading "Bankruptcy Basics: Bankruptcy Fraud can lead to Truth or Consequences" »
Posted on Dec 24, 2010 By Joseph Tosti
I've been hearing from more and more people who have purchased small businesses on an installment basis from a previous owner and are now struggling to make the payments because of the downturn in the ...
Continue reading "Defaulting on Business Purchase Loan" »
Posted on Dec 22, 2010 By Joseph Tosti
Unusual situations often show up in bankruptcy court eventually. And sometimes they contain both humor and depression in equal measure. Recently the 8th Circuit Bankruptcy Appellate Panel was called ...
Continue reading "A Horse Trailer is Not a Home" »
Posted on Dec 14, 2010 By Joseph Tosti
What happens if a creditor contacts someone after bankruptcy ? Under the bankruptcy laws, creditors can't take any action to collect a debt once a case has been filed. If a bankruptcy case is still ...
Continue reading "After You File Bankruptcy, What Happens If A Creditor Contacts You?" »
Posted on Dec 13, 2010 By Joseph Tosti
This is a wonderful time of year, a time for giving thanks, for counting blessings, for sharing joy and for giving to others. The natural desire to express our love through gifts burns strong in our ...
Continue reading "Credit Cards and the Christmas Holidays – a Dangerous Combination" »
Posted on Dec 13, 2010 By Joseph Tosti
Being in bankruptcy means remembering priorities. A big priority is keeping a roof over your head. As I have in the past , I will suggest that this is even more important than Christmas. If you have ...
Continue reading "Christmas and Mortgage Payments: Don’t Confuse Priorities!" »
Posted on Dec 2, 2010 By Joseph Tosti
What happens to a co-debtor when a debtor files for bankruptcy depends upon the type of case that is filed. Many clients come to my office relieved to find out that a bankruptcy stays proceedings ...
Continue reading "How Does Bankruptcy Impact A Co-Debtor?" »
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