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Tag : bankruptcy

Attorney Christine Kingston Talks with Katherine with It Needs to Be Said About Wage Garnishment

Interview

Katherine: Hello, everyone. Thank you so much for joining us today on “This Needs to be Said”. Our friend, attorney, Christine Kingston has come in, and you always love our chemistry. Today will be nothing short of that. Katherine: It’s around that time where you are getting ready to file your taxes, and some of […]

Earl Hagen Memorial Golf & Tennis Tournament a Huge Success

Bankruptcy Law Overview

This year marked the 4th Annual Earl Hagen Memorial Golf & Tennis Tournament presented and co-sponsored by the Central District Consumer Bankruptcy Attorney Association and Los Angeles Bankruptcy Forum.  This year a heated tennis tournament was added for those who don’t enjoy golf and your board of directors is considering adding checkers next year for […]

Grounds for Dismissal of a Bankruptcy Case

Automatic Stay, Bankruptcy Law Overview, Chapter 13, Chapter 7

I’m continuing my studies toward legal specialization in bankruptcy and want to share with you the general grounds for dismissal of a bankruptcy case. There are several ways your bankruptcy case can be dismissed. Once a bankruptcy case is dismissed, the case is terminated and the creditor’s collection rights at state law are no longer […]

Judicial Estoppel: Why You Should Disclose All Assets, Claims and Debts

Bankruptcy & Civil Litigation, Chapter 11, Chapter 13, Chapter 7, Small Business Bankruptcy

 Have you heard of Judicial Estoppel?  Well, you need to if someone owes you money and you’re thinking of suing while contemplating bankruptcy. The doctrine of Judicial Estoppel generally prevents a party from prevailing in one phase of a case on an argument and then relying on a contradictory argument to prevail in another phase. […]

Testimony in In re Kemp Damaging for Mortgage Industry

Chapter 13, Foreclosure

 The Court in In re Kemp 2010 WL 4777625 (Bankr. D. N.J. November 10, 2010) held that a claim filed by a mortgage servicer would be disallowed when that creditor did not have possession of the note and the note was not endorsed to the creditor at the time the claim was filed. The bankruptcy […]

Bankruptcy Trends for 2011

Bankruptcy Law Overview

It’s that time of year again where I gaze longingly into my crystal ball and make my predictions for the future of the American Dream; America’s fresh start; and the demise of our mountain of debts.  Despite the continued negative stigma of bankruptcy and it’s “last resort” paradigm, bankruptcy filings in the U.S. continue to […]

Defending a Dischargeability Action in Chapter 7

Bankruptcy Law Overview, Chapter 7

At times our clients will sail through their bankruptcy case without any offense from their creditors.  At other times, it seems that our clients must fight for their rights. If you’re among the unfortunate debtors who find themselves being sued in their Chapter 7 bankruptcy case you cannot ignore the Summons and Complaint.  If you’ve […]

Bankruptcy as Retirement Planning Strategy

Chapter 7

There is a growing need for those entering their ‘golden years’ to face the reality of a fixed income that once looked like a hefty savings plan, plus Social Security is now Social Security alone; if you’re lucky.  The stock market plummet has cut many Baby Boomer’s nest eggs by as much as 50% with […]

Ransom’s Key Means Test Case to be Decided By Supreme Court

Chapter 13

 In Chapter 7 Basics, I wrote briefly about the means test that was created in 2005 under BAPCPA where MBNA Bank, N.A. worked hard to make it more difficult for consumer debtors to qualify to file bankruptcy under Chapter 7 and created more disposable income to pay creditors under Chapter 13. It’s interesting to note […]

NJ Housewives Celebrity Bankruptcy is Worthy of its Own Reality Show

Bankruptcy Law Overview, Chapter 13, Chapter 7

Here’s a tip; if you’re going to live extravagantly, don’t make that lifestyle the focus of a reality show. Teresa Guidice starred in the reality show, Real Housewives of New Jersey, with her husband Giuseppe.  Mrs. Guidice was often featured on the Bravo show going on outlandish spending sprees to furnish their newly constructed and […]