New Case Discusses IRA Exemptions

In a case decided on June 17, the Sixth Circuit Court of Appeals reversed the Tennessee Bankruptcy Court and US District Court regarding the continuing exemption of funds in an IRA account.  In In re Daley, the chapter 7 trustee argued that because the IRA account agreement contained boilerplate language granting

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Sixth Circuit Discusses Non-Dischargeability Issues on Assigned Debt

In a case issued on June 10, the Sixth Circuit Court of Appeals in In Re Pavdvierz discussed at some length concerns that arise when the creditor pursuing a nondischargeability  action is an “assignee” from the original creditor.  Sixth Circuit cases are binding on our local bankruptcy judges.  In Pavdvierz, the Court found

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Credit Cards and Bankruptcy

If you are contemplating filing bankruptcy and have credit cards, please consider the following: Don’t pay off your credit card balances before filing.   Credit card debt is typically dischargeable in bankruptcy provided you don’t take cash advances or purchase luxury goods before filing for bankruptcy relief.  It does not make

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Preparing for Your Meeting of Creditors

Within a few days of filing your bankruptcy petition, the bankruptcy court will schedule your “first meeting of creditors,” which is often referred to as a “341 hearing.”  Your bankruptcy trustee (not the bankruptcy judge) will preside over the meeting of creditors, and you will be required to testify under

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Number 2 Pet Peeve

Before every deposition of a client, I advise the witness to always answer deposition questions truthfully in as few words as possible. If a question can be answered “yes” or “no,” then that’s the preferred response. If the client does not know the answer to a question, the answer is

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Silencing the Bankruptcy Critic

“Some people take advantage of the bankruptcy laws and file unnecessarily,” says Mr. Bankruptcy Critic.  There are bankruptcy judges all over the United States at this very moment deciding whether a Debtor deserves to be granted a discharge.  Taking advantage of the bankruptcy laws and filing bankruptcy unnecessarily is what

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I Hope I Never Have to Use You

After some general niceties, the conversation that I have when I first meet someone usually goes something like this: Them: What do you do for a living? Me: I’m an attorney. Them: What kind of law do you practice? Me: Mostly bankruptcy Them: Oh, I hope I never have to

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The Best Free Legal Advice You’ll Ever Get

What legal advice could save you tens of thousands of dollars and can make or break a legal matter you are involved with?  That advice is very simple, but you would be surprised the number of times that it is ignored.  What is this great legal advice? Read the documents

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Mortgages and Rents – SNDA Agreements

From the borrower’s perspective, there are some special issues which arise with rents on commercial real estate properties in a foreclosure or bankruptcy setting. These issues must be thoroughly analyzed on the front end because cash is king, and continued use of cash to support the upkeep of the properties

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Small Business Owners Remain Pessimistic

The National Federation of Independent Business (NFIB) has collected small business economic trends data since 1973.  The NFIB monthly surveys are available at their excellent website.  The NFIB March report states that the current trends remain on par with the 2008 trends. While the report notes that there is some

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