bankruptcy

Mortgage Stripping in Bankruptcy

December 18th, 2010  |  2 Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Mortgage modification in bankruptcy is a confusing topic.   Some say you can.   Some say you can't. As with most bankruptcy issues, the answer ... Continue Reading »

Filing Bankruptcy with Your Husband: “Stand by Your Man”

December 10th, 2010  |  No Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Filing bankruptcy when you're married usually means both spouses filing together, but not always. The Bankruptcy Code is clear that even when a married couple files together, ... Continue Reading »

Judgments and Bankruptcy

November 4th, 2010  |  4 Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott I frequently get questions about judgments.   Some of the questions I'm asked are: Must I file bankruptcy prior to being sued? Must I file bankruptcy prior to ... Continue Reading »

Senior Citizens and Bankruptcy: When the Wolf is at Grandma’s Door

October 26th, 2010  |  2 Comments ››

Guest post written by Philadelphia Bankruptcy Lawyer, Dan Mueller When I first started taking bankruptcy cases in the 1990s, I rarely had a senior citizen as a client.   Today, it is not unusual ... Continue Reading »

South Carolina Bankruptcy Median Income Figures DOWN!

October 19th, 2010  |  No Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott South Carolina bankruptcy filers will now have to face the reality of lower median income figures starting November 1.   "Median" means the 50th percentile--that is, ... Continue Reading »

Bankruptcy Experiences #4

September 27th, 2010  |  2 Comments ››

Written by Charleston Bankruptcy Attorney, Russell A. DeMott I have a soft spot in my heart for my bankruptcy clients, but this couple really stands out.   As described below, they did indeed go ... Continue Reading »

Stopping Foreclosure With a Chapter 7 Bankruptcy

September 12th, 2010  |  2 Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Chapter 7 bankruptcy can slow down foreclosure, but it's not the best way to stop foreclosure. Chapter 7 bankruptcy is the most common kind of consumer bankruptcy. ... Continue Reading »

South Carolina Bankruptcy Court Rules on Student Loan Discharge

September 5th, 2010  |  No Comments ››

Guest Post Written by Brandon Moreno of the Utah Bankruptcy Hotline The South Carolina Bankruptcy Court recently issued an opinion clarifying the circumstances in which it is possible to obtain a discharge ... Continue Reading »

Bankruptcy Petition Preparers: Should You Hire One?

June 20th, 2010  |  No Comments ››

Guest Post by Northern Michigan Bankruptcy Lawyer, Paul Slough There's no shortage of exploitative "get out of debt" offers.  One area ripe with abuse is the arena of non-attorneys who prepare bankruptcy papers. ... Continue Reading »

The Bankruptcy Means Test (Part Five)

June 16th, 2010  |  No Comments ››

Written by Summerville Bankruptcy Lawyer, Russell A. DeMott In prior post about the bankruptcy means test, I focused on the means test as being a tool to sort out Chapter 7 bankruptcy cases from ... Continue Reading »

Bankruptcy Experiences #3

June 8th, 2010  |  No Comments ››

Written by South Carolina Bankruptcy Lawyer, Russell A. DeMott Many of my recent bankruptcy filings are due to what I call "real estate meltdown."   The decline in the real estate market was inconceivable ... Continue Reading »

The Bankruptcy Means Test (Part Four)

May 23rd, 2010  |  2 Comments ››

Written by Summerville Bankruptcy Lawyer, Russell A. DeMott Passing the bankruptcy means test doesn't mean you're cleared for takeoff for a Chapter 7 bankruptcy.   I pointed this out in my last post on ... Continue Reading »

Scarlet Letter of Bankruptcy–A Thing of the Past?

May 16th, 2010  |  No Comments ››

Written by New York Bankruptcy Lawyer Jay S. Fleischman. Remember the book, The Scarlet Letter?   You know, the one where the woman does something and is marked for the rest of her life ... Continue Reading »

Filing Bankruptcy to Discharge Income Tax Debt

May 5th, 2010  |  2 Comments ››

Written by Summerville Bankruptcy Lawyer, Russell A. DeMott You may be able to discharge taxes in bankruptcy, but not always.   To understand the benefits of filing bankruptcy to deal with tax debts, you ... Continue Reading »

Fired for Filing Bankruptcy? No Way!

April 20th, 2010  |  7 Comments ››

Guest Post Written by Elyria, Ohio Bankruptcy Lawyer, Bill Balena Keeping your bankruptcy filing from your boss is one of the most common concerns of many new bankruptcy clients.   Let's get one thing ... Continue Reading »

Bankruptcy Reaffirmation Agreements (Part Four)

April 8th, 2010  |  3 Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott In parts one, two, and three, I explained secured debt, liability, how the automatic stay comes into play with reaffirmation agreements, and my opinion about whether ... Continue Reading »

Bankruptcy Reaffirmation Agreements (Part Three)

April 1st, 2010  |  No Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott In parts one and two, I explained secured debts, liability, and some history behind the law of reaffirmation agreements.   I left off by pointing out ... Continue Reading »

Bankruptcy Reaffirmation Agreements (Part Two)

March 25th, 2010  |  No Comments ››

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott In "Bankruptcy Reaffirmation Agreements (Part One)" I explained that reaffirmation only applies to secured debt on personal property.   I also explained that it only applies ... Continue Reading »

“The Bank Just Froze My Account!” (Setoffs and Bankruptcy)

March 12th, 2010  |  7 Comments ››

I've gotten the panicked calls from bankruptcy clients.   "They've frozen my account!"   And the "they" is the bank or the credit union. (I'll just call them both "the bank" from here ... Continue Reading »

Bankruptcy for Senior Citizens: Older Clients Have Unique Needs

January 31st, 2010  |  No Comments ››

Guest Post Written by Atlanta Bankruptcy Lawyer, Jonathan Ginsberg Bankruptcy lawyers throughout the country report a significant increase in the number of seniors seeking federal bankruptcy protection. In my Atlanta area bankruptcy practice, ... Continue Reading »

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