The holiday season is almost over and January 1 is the official start of tax season. For people considering bankruptcy, it’s also a time to start getting those 2009 tax returns promptly. I’ve written about this important subject before, and it’s worth bringing it up again on the eve of tax season. Here’s why. (more…)
Archive for the ‘Chapter 7’ Category
Means Test Not Required in Converted Case
Monday, December 7th, 2009
If you file chapter 7, you need to complete Form 22A, the Statement of Current Monthly Income and Means Test Calculation. But if you file a chapter 13, and then convert the case to chapter 7 are you still obligated to file the Means Test form? A Massachusetts Bankruptcy Judge has ruled on this important issue (In re Guarin, 09-42294 JBR).
What Does a Good Bankruptcy Attorney Do?
Friday, November 27th, 2009
I’ve compared my role as a debtor’s attorney as similar to that of a boy scout. My job is to help my debtor client cross the road without getting hit by the bus. A big part of that job is done while preparing. In essence, I get behind the steering wheel of the bus and I ask myself “if I were trying to run over the debtor, what would I be looking for first?” Perhaps a better, and far less macabre way of looking at how I do my job is this: when preparing my client’s case, I pretend that I am trustee and I ask myself: what has my client told me or shown me that would send up a red flag. What could make my client’s life even more difficult than it already is?
When the Ex Files Bankruptcy
Wednesday, November 25th, 2009
The relationship is over, but there are still lingering issues that hold you together. Perhaps it’s child support, health care, property distribution or other matters. If your ex files bankruptcy, it is very important you understand your rights and your responsibilities – as well as your options.
Security Clearances & Bankruptcy
Thursday, November 12th, 2009
Occasionally, clients will ask me about whether their security clearance is at risk if they file for bankruptcy protection. This came up yesterday when I came across a comment from a reader who expressed real concerns over his fear of losing his clearance if he filed. Why? The simple reason is this: no security clearance = no job. Yet the answer to the question is not an easy one to paint with one large generalized brush. But I’ll do my best.
Honesty and Bankruptcy, Part III: The Reality Check and the Boy Scout
Monday, November 2nd, 2009
In the last two entries, I shared my observations of honesty and dishonesty in the bankruptcy process. It has been an issue that has been crawling under my skin for many months now. And in this last installment of Honesty and Bankruptcy, I explain why that is.
Honesty and Bankruptcy, Part II: Feeling Dishonest
Sunday, November 1st, 2009
It seems that many people are hypersensitive over H1N1. I was at the market yesterday and an older man sneezed, and by the looks on the faces of those standing around him, you’d have thought someone nearby was pointing and shrieking that he was a leper. Just because someone is sneezing or coughing doesn’t mean they have the swine flu. Just because someone is in bankruptcy or needs bankruptcy protection doesn’t mean they are dishonest. And just because someone feels like they did something dishonest does not mean that they don’t deserve bankruptcy protection. In other words, feeling dishonest is not the same as being dishonest.
Honesty and Bankruptcy, Part I: Day of the Living Dishonest
Saturday, October 31st, 2009
When rapper Chris Brown beat up his then girlfriend Rhianna, there was an odd reaction from much of Hollywood. As Adam Carolla and Dr. Drew were recently discussing on Carolla’s podcast, Hollywood’s reaction – especially at red carpet events – seemed less than honest and at times downright pathetic. Some were praising Brown for being a “good person” who was going through a difficult time. But only a few stood forward and publicly denounced Chris Brown as a pathetic loser who viciously assaulted his girlfriend… something no one can legitimately justify. The podcast echoed in my mind this week when I was faced with a debtor who was – to put it mildly – outrageously dishonest. So much so that I was forced to look this person in the eye and say “you know, you’re not coming across as an honest but unfortunate person entitled to bankruptcy protection.” I thought I was being polite. Their response left me thinking even more.
I cannot share the details. Instead, let me share this clever allegory that I believe aptly illustrates exactly how things went in my meeting with this debtor.
When You Discover that You Are a Creditor in a Bankruptcy Case…
Monday, October 12th, 2009
Last week, I was in the clerk’s office and overheard two people ask the clerk which forms needed to be filed in a bankruptcy case. But this person was not a debtor – they were a creditor. Their landlord had filed bankruptcy. The former tenant was looking for their security deposit back, and was going to sue the debtor in small claims. I couldn’t help myself – and I butted in.
“You need relief from the automatic stay.”
“The stay applies even to me?” one asked.
“It applies to everyone.”
After that short exchange, I thought I would put together a short checklist of things to do when your landlord – or someone else you know who also happens to owe you money – files a petition seeking bankruptcy protection.
Social Networking Sites and Bankruptcy: The Intersection is Dead Ahead
Wednesday, September 30th, 2009
There are a growing number of social networking sites out there on the world-wide-interwebs that people are latching onto. In fact, both the firm and I have latched onto Facebook (we just lauched our Fan page this week!). So I was intrigued after recently reading that a growing number of domestic relations attorneys were beginning to scour sites like Facebook in an effort to get information on opposing parties. At first, I found it merely interesting as I once practiced domestic relations law. But the subject gnawed on me for several days. Then, earlier this week, I read that collection agencies are trolling sites like Facebook looking for debtors. Then it dawned on me: if collectors are doing it, and divorce attorneys are doing it, there really is nothing stopping any party in any legal case from looking into Facebook or other social networking sites in an effort to gain a legal advantage of any opposing party. And this rings true in the world of bankruptcy.
