Social Security Overpayment (and long-term disability overpayment) is discharged in Bankruptcy, HOWEVER… (citing In re Caldwell, 350 B.R. 182 (Bankr. E.D. Pa. 2006)
There is many times where recipients of social security or even long-term disability are faced with a situation where the SSA or their insurance company tells them that they have overpaid them. Generally, if the recipient has been receiving the … Continue reading
Are my Social Security Benefits protected if I file a Chapter 13 Bankruptcy? Beaulieu v. Ragos (5th Cir. 10.29.2012)
Many times, people who considering filing bankruptcy because of limited funds and/or limited income that are available to them. Specifically, many people receiving limited income through social security benefits receive just enough, if even that, to meet their monthly needs. … Continue reading
Most of the time when I speak with my clients, there are 2 big concerns that my clients usually have when we are preparing for their bankruptcy case. First, what can I get rid of in a bankruptcy and Second, … Continue reading
Criminal or Civil Contempt in Enforcement of Spousal Support and Violation of Bankruptcy Stay: Is there a Difference??? In re Small, 5th Circuit 8/16/2012:
In re Small, no 11-40888 (5th circuit, 8/16/2012) In a recent case coming out of the 5th circuit, In re Small examined the intricacy of a enforcement action for spousal support in the family district court and the automatic stay … Continue reading
Need to file another bankruptcy after getting a discharge in the first bankruptcy. Not a problem BUT….
Once you have filed for bankruptcy your ultimate goal is to get the discharge that relieves you of all personal liability to the debts identified in your bankruptcy case. However, life isn’t that straight cut. There may be circumstances where … Continue reading
Bankruptcy provides a fresh start to individuals and families who are faced with difficult financial strains due to being laid of work, unforeseen medical procedures, overwhelming credit card, etc.. But, what does it mean by “fresh start”? When a person … Continue reading
What a Deal! In re Crawford, Bankruptcy Case No. 11-24158 (Bankr. D. Colo. March 19, 2012): Keep my house and not pay a single cent to the creditor during the Chp 13.
In the recent case, In re Crawford, arising out of the District of Colorado Bankruptcy Court, the Court was approached with the issue of whether a debtor’s proposed chapter 13 plan that proposes to pay all the debts, including the … Continue reading
“Fee-Only Plan” in a Chapter 13; Gray area now even grayer with the decision pursuant Berliner v. Pappalardo, No. 11-1831 (1st Cir. March 22, 2012)
The Supreme Court case Lamie v. U.S. Tr., was a landmark case that essentially required bankruptcy attorneys to collect all their payments upfront from their clients in a Chapter 7 proceeding. More specifically, except in limited circumstances, attorney’s fee are … Continue reading