… homeowners facing foreclosure try to fight foreclosure without the help of an attorney.  And while there are lawyers and centers committed to helping the nation’s poor fight foreclosure, many of these legal assistance centers are overwhelmed.

The article said:

“A study to be released today by the Brennan Center for Justice found that many people now face complicated foreclosure proceedings with “no opportunity to obtain help from a lawyer…”It’s overwhelming how many …

Tags: Lawyers and Law Firms Poor Public Interest

… he did not own the home at the time of filing bankruptcy (due to the fraudulent transfer) and because the debtor was not using the property as his homestead.

We have said this many times; but we’re going to say it again–don’t do any transfers of assets before filing for bankruptcy.  Transferring assets from yourself to someone else in exchange for “taking care of you” or some other vague value is not likely to stand the bankruptcy court’s “fraud sniff test.”  If …

Category: Debt Consolidation , Debt and Tax Relief , Property Exemptions , Subprime Mortgages

Tags: Bankruptcy bankruptcy law Chapter 7 Title 11 United States Code Lawyers and Law Firms

… In that case a lot of times you can just contact the creditor, let them know of your bankruptcy, and then they will just drop it.

If the creditor is not so nice and keeps trying to collect the debt, it is actually a violation of the Bankruptcy Protection Act.  In her book, Bounce Back From Bankruptcy, Paula Langguth Ryan lays out what you should do if the creditor tries to collect the debt.  She says to send the following letter to the creditor:

(Date)

[Creditor’s Name]

[Address] …

Comment by Jacob Decker: Some firms in town charge over a hundred …

Tags: Bankruptcy Lawyers and Law Firms Legal Information Services

… air about something, bankruptcy IS NOT a “gut wrenching” experience that destroys your life and leaves you awake at night. I’ve heard this ridiculous notion bandied about by the very people who have benefited from bankruptcy in their life.  They file bankruptcy, reap the benefits, then turn around and tell others not to file bankruptcy because it will destroy THEIR life.  When you ask them how bankruptcy destroyed their life, they’re mute—you can hear crickets.  Let’s get …

Tags: Bankruptcy Questions Lawyers and Law Firms Myths

… for many people, it is the absolutely best option to escape the stress of insurmountable debt and to gain a fresh financial start.  Here is a list of some potential benefits to filing for bankruptcy protection:

1.         Puts an end to harassing phone calls and letters from debt collectors during the bankruptcy process and, for those debts that are discharged, for good!  Creditors and debt collectors must stop contacting you for the duration of your bankruptcy case. …

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… your answer on Virtual Paralegal? Submitting your question to our qualified staff of attorneys and paralegals is as easy as clicking a button!

Visit Virtual Paralegal today to get started!

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… objection to his ex-wife’s claim.

The details of the bankruptcy case:

“When the debtor and his wife divorced, he received the family home and was ordered to pay his wife $30,000 out of the proceeds from the property’s sale. She received a lien against the property to secure that obligation. The divorce decree placed no restraints on the cash award and made no provisions for altering it. After the debtor filed for Chapter 13 relief, his ex-wife filed a secured claim for $6,800, …

Category: Bankruptcy , DFW Metro Bankruptcy , Divorce and Bankruptcy

Tags: Bankruptcy Divorce Lawyers and Law Firms Legal Information

… bankruptcy discharge.

The details of the bankruptcy case:

In 2003, due to a broken shoulder and the inability to move around or write, the debtor’s mother (the plaintiff) had delegated to her son (the debtor) the responsibility of writing checks from her investment account to pay for her household and personal expenses.  But it was only in 2007 that she discovered that her son (the debtor) had withdrawn an unauthorized $264,193 from her account.  When the debtor filed for …

Comment by Jacob Decker: … financial hardship and extreme tension between family …

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… represent about 18% of filings for 2009.  In a Chapter 7 bankruptcy the business is liquidated and it does not restructure.  It fails to exist after all of the dust settles.

This is depressing news for business owners and it is especially bad when coupled with history and predictions that say that the high rate of failures isn’t going to slow down anytime soon.  The rate is supposed to remain high for at least a year or more after the recession ends.  History shows that it takes a …

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… for bankruptcy at the actual time of divorce proceedings.  While it wouldn’t be exhaustive in and of itself, it could certainly be a piece of evidence carrying some weight.

Experienced bankruptcy attorneys like those of us here at Allmand & Lee can advise you what your obligations are when it comes to divorce and bankruptcy.  Bankruptcy can be a strong lifeline for those who are going through rough economic times, but you do need to know how the laws apply to your particular …

Comment by Jacob Decker: … yourself a favor and take Mr. Allmand’s advice; have a …

Category: DFW Metro Bankruptcy , Divorce and Bankruptcy , Economy

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… hit senior citizens very hard.  Many seniors were already financially stressed with fixed incomes and rising prices due to inflation when the foreclosure crisis hit, sending many into financial crisis mode, especially those who had refinanced their mortgages and owed significant debt.  For many, bankruptcy has become a “reluctant” option due to an unearned stigma and many beliefs about repaying debt regardless of the cost to the individual and the family’s well-being.  Although it …

Tags: bankruptcy law Credit card Debt Lawyers and Law Firms Mortgage

… listen to some of the “debt gurus” out there who discourage everyone from filing bankruptcy and encourage them to instead work harder to repay debts, then you’ve probably taken on extra work to repay debt only to find that you still can’t make it out of the debt hole.  If that’s you, there are some realities you need to consider:

Working extra hours or an extra job is not a sliver bullet for repaying out of control debt.  Every extra hour you work in an effort to avoid …

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