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Recent Posts in Creditors Category

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How can you reestablish your credit score after declaring bankruptcy?

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 ...
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The 2009 Credit CARD Act – Does it Do More Harm than Good?

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 ...
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Bankruptcy Discrimination in Hiring Approved by Federal Appeals Court

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 ...
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A New Year–A New Financial Goal

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 ...
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Milwaukee Catholic Church Files for Bankruptcy under Chapter 11

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 ...
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Should Bankruptcy Be One of Your New Year’s Resolutions?

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 ...
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Law prohibits employment discrimination after bankruptcy

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 ...
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Bankruptcy: The Meeting of Creditors. What Did The Trustee Say?

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 ...
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Credit Card Horrors For Senior Citizens

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 ...
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Outgoing Governor Paterson Gives New York Debtors Something to Cheer About!

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 ...
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Bankruptcy Basics: Bankruptcy Fraud can lead to Truth or Consequences

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 ...
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A Horse Trailer is Not a Home

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 ...
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After You File Bankruptcy, What Happens If A Creditor Contacts You?

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 ...
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Christmas and Mortgage Payments: Don’t Confuse Priorities!

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 ...
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How Does Bankruptcy Impact A Co-Debtor?

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 ...
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Best Reason To File Bankruptcy

If you're paying minimum payments on credit card debt and have nothing saved for retirement, you are my favorite candidate for bankruptcy. The most compelling reason to file bankruptcy is so you can ...
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Mortgage Modifications Fail To Slow Foreclosure Rate

Proprietary mortgage modifications, not HAMP mortgage modifications, lead the way according to HOPE NOW Loan Mod statistics. 120,000 modifications have been done by the mortgage companies themselves, ...
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Student Loans Not Discharged Due to Boyfriend’s Income and Voluntary Underemployment

Below poverty level income for five of the past six years was no basis for discharging a chapter 7 debtor's student loans, where she was voluntarily underemployed, had no dependents, and lived with ...
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Chapter 13 Minimum Payment.

A minimum payment in a Chapter 13 Bankruptcy will vary from district to district depending on the local rules. However, the minimum payment must cover what you must pay within the applicable ...
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New Median Family Income Numbers For Bankruptcy Effective November 1, 2010

The new median family income numbers used for determining whether a debtor can file a Chapter 7 bankruptcy went into effect today, November 1, 2010. The numbers are provided by the U.S. Census Bureau. ...
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Bankruptcy Is Not Failure – It’s Financial Planning

As a consumer bankruptcy attorney who has spent the better part of the last 15 years counseling individuals contemplating bankruptcy, I can tell you that one of the things I see on a daily basis is ...
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Why Hasn’t Obama Supported Judicial Modification?

Modification of home loans in bankruptcy was promised by candidate Obama before his election as President. Current bankruptcy law prohibits modification of a loan secured against the debtor's ...
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Crystal Cathedral Ministries announces plans to file for bankruptcy protection

Crystal Cathedral Ministries in California (best known for its " Hour of Power ") announced yesterday that it is seeking the protection of Chapter 11 bankruptcy to protect it from its creditors. The ...
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Mortgage and Bankruptcy: Save Your Home!

If you are behind in the mortgage payment on your home , there are several things you can do. One way to stop a foreclosure is to file bankruptcy. Once filed, there is an automatic stay that goes into ...
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Bankruptcy Appellate Panel Gets Student Loan Test Right

Bankruptcy lawyers and their clients are plagued by the Brunner test when trying to discharge student loans. While the Bankruptcy Code says that student loans may be discharged if the debtor shows ...
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