Bankruptcy - Blogs
- Do I really have to take a credit counseling course before I can file bankruptcy in Oklahoma?
Yes. One of the requirements of the new bankruptcy law passed in 2005 is that all people who file bankruptcy must complete a credit counseling course within 180 days before their bankruptcy case is filed. It makes no difference whether your debts are personal or business related. It makes no difference whether you are filing under Chapter 7, Chapter 11, Chapter 12 or Chapter 13. You must take the credit counseling course before you file bankruptcy. And the credit counseling course must be taken...
(April 23, 2009) - Trust & Estate Litigation
Our unique combination of experience in Elder Law allows for efficient litigation strategies with effective results for both defendants and plaintiffs. We are recognized for extensive experience with estate issues as - General Conservatorships. Financial elder abuse. Undue influence upon the formation of legal instruments (powers of attorney, wills, trusts, joint tenancy accounts & deeds). Fiduciary conflict of interests (attorneys-in-fact, [...]
(April 22, 2009) - Incapacity Planning
Plan For It Now Incapacity means the inability to make sound decisions regarding one's financial affairs and personal care. It can befall anyone who enters a coma or suffers from a mentally debilitating illness, but it largely affects seniors coping with Alzheimer's. When not planned for in advance, incapacity can create severe consequences for seniors and [...]
(April 22, 2009) - NACBA Convention Sold Out
The National Association of Consumer Bankruptcy Attorneys annual program held this year in Chicago is officially sold out. You can sign up for the waiting list here.
(April 22, 2009) - Encrypt your laptop and create hidden operating systems with TrueCrypt
The portability of laptops can be a danger to your client files. If you keep all client files and financials on your laptop hard drive, you are running a serious risk of letting confidential data fall into the wrong hands. For the ultimate in protection (and to live up to your professional obligations) I would recommend TrueCrypt, a free, open-source disk encryption program that will work under Windows, Mac OS X, and Linux operating systems. TrueCrypt has the ability to create a virtual...
(April 22, 2009) - What About My Charitable Contributions before My Chapter 7 Bankruptcy in Arizona?
Stop them. Now. Just stop. The adage is that you have to be fair before you're generous. From the point of view of the creditors, you should be paying creditors before you give away dough; another way creditors look at it is that you're giving away their dough, which is sometimes accurate. Remember: render unto Caesar that which is Caesar's. And in this context, that means that you pay your taxes and living expenses, and move on through your bankruptcy. Plenty of time to load up making...
(April 22, 2009) - A New and Weird Bankruptcy Myth in Arizona!
I was a little surprised when a smart, sophisticated guy asked me if it was true: medical bills can't be discharged in a Chapter 7 Bankruptcy anymore! I said, no. I've always been good with snappy patter. But he was the second person who'd asked me that in a month, and that makes a trend. At some point, inquiring minds want to know where these things come from (yeah, it's a dangling participle; they happen, okay?)! The older bankruptcy myths that refuse to die are that you get to keep your...
(April 22, 2009) - Calculate Your Unpaid Tax Refund in Your Cost of Bankruptcy in Arizona
So you're going to get a tax refund. And you file a bankruptcy quick like a bunny because you have to (lawsuit, foreclosure, or other). And now you look forward to receiving your tax refund or stimulus check. Well, no. That goes to the Chapter 7 Bankruptcy Trustee. Some of 'em here in Arizona have debtors sign a document indicating that the debtor understands that the check is to go directly to the Bankruptcy Trustee, and that their discharge will be vacated if they goof up and spend the dough....
(April 22, 2009) - Will You Give Me a Discount on Your Fee Because I Have So Much Debt, and So Little Money?
I've heard this twice recently. And the answer is, I already did! Before I quote a fee to a client, I've asked them about fifty to a hundred questions to figure out how many speed bumps the case is likely to present, how likely we are to have a complaint to determine whether the debtor should be denied a discharge as to this or any other debt, and so on. And any Arizona bankruptcy lawyer will do a similar analysis to determine the number of bankruptcy speed bumps and so on, if he can breathe...
(April 22, 2009) - Probate and Trust Administration
If you need to wrap up the affairs of a deceased family member or friend in California, these are the steps * read the will or trust * determine who inherits property if there is no will * file probate paperwork with the superior court * inventory and appraise the property * collect [...]
(April 22, 2009) - Cramming Down a Wholly Unsecured Lien in Chapter 7?
Question: You cannot strip away a wholly unsecured lien in chapter 7 - right? Answer from Dan Press: That was conventional wisdom before 1998, when I won Yi v. Citibank, 219 BR 394 (ED Va. 1998) (wholly unsecured lien strippable...
(April 22, 2009) - How Is My Chapter 13 Plan Payment Figured?
How much will my chapter 13 plan payment be? Understandably, this is the question that figures prominently in people's minds as they contemplate a chapter 13 bankruptcy filing. While plan payments can often be projected with a reasonable degree of accuracy, there is a lot that goes into figuring what it will be. There are several [...]
(April 22, 2009) - Amensty for FBAR tax evasion on foreign financial accounts
US taxpayers must disclosed foreign bank accounts over $10,000 or face stiff civil and criminal penalties. There is an amnesty program until 9-23-09. Use an attorney to help you with the amnesty program because a CPA has only civil penalty immunities and could be forced to testify against the taxpayer. Fast Tube by Casper [...]
(April 22, 2009) - Wage Garnishment for a Chapter 13 Plan Payment Increases Success Rate.
If you are filing a chapter 13 bankruptcy I strongly encourage you to use wage garnishment instead of a direct payment as this will increase your success rate. Why, because if you use a wage garnishment you are forced to place yourself on a budget in order to make it through your chapter 13 bankruptcy. Too [...]
(April 22, 2009) - Steven J. Feldman, Esq.
Attorney Profile He is a state bar certified specialist in Wills, Trust and Probate with over 35 years experience in tax, bankruptcy and real estate . Education LL.M. (taxation): Georgetown Law Center, 1976 JD: Loyola School of Law, 1974 BA: UCLA, 1970 Professional Memberships Licensed Attorney: California, U.S. Tax Court, 9th Circuit of U.S. Federal Court Member, Trust & Estates, and OC Bankruptcy Forum,Orange Co. and California Bar. [...]
(April 22, 2009) - Finally, Some White House Interest in Credit Card Abuses
The Obama Administration today turned its attention toward abusive credit card practices. After years of presidencies that were at best indifferent or at worst supportive of the credit card industry abuses, to finally have the White House give some attention to these issues is an incredibly welcome development. Specifically, the Obama Administration has indicated it will support H.R. 627, the Credit Cardholders' Bill of Rights Act of 2009. Representatives Carol Maloney and Barney Frank have...
(April 22, 2009) - Obama’s mortgage modification plan is contentious
Commentary by Joe Weisenthal on the Business Insider: Now it would be easy to dismiss their arguments, as just being bondholders not wanting to take a haircut. And surely they don't. But it's also true that Obama's mortgage modification and cramdown plans aren't even good for homeowners. They're basically a lose-lose. Bondholders see their contracts ripped up, and [...]
(April 22, 2009) - Miami-Dade Circuit Court Mandates Mediation of Homestead Mortgage Foreclosures
As reported in the media, on April 9, 2009, Judge Joseph P. Farina, Chief Judge of the the Circuit Court of 11th Judicial Circuit in Miami-Dade County, Florida signed Administrative Order No. 09-08 establishing the "11th Circuit Homestead Access to Mediation Program ("Champ") and generally requiring mediation of residential homestead mortgage foreclosure cases filed on or after May 1, 2009. The mediation services though are available to mortgage foreclosures filed prior to May 1, 2009 on a case...
(April 22, 2009) - Contractor who failed to withold $165,851 of employment taxes charge with tax evasion
The information alleges that for the years 2003 through 2006, Matuszwski paid his employees their gross wages by check and cash without withholding Federal Insurance Contributions Act, or FICA, taxes or income taxes, as he knew he was required to do. The information charges that Matuszwski attempted to evade the employment taxes [...]
(April 22, 2009) - Wills and Trusts - from the comfort of home or our office
These includes powers of attorneys, advanced directive, funding documents, beneficiary designations, living trust and pour over wills. These can be purchased as a package or separately. Please fill out an Estate planning questionnaire and e-mail, telephone or fax it.
(April 22, 2009)