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Bankruptcy Information

New Bankruptcy Forms Make It Easier to File Without an Attorney

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Now don’t get me wrong, there is no substitute for the experience, knowledge, and wisdom of an experienced bankruptcy attorney. But for decades people have been filing out their own bankruptcy petitions, because they can. The forms were not geared for the average person to easily figure out. On December 1, 2015 the bankruptcy forms are going to change, in ... Read More »

    Bankruptcy Filers Target of Phone Scam

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    Phone scammers are targeting bankruptcy filers in several states, using personal information from filings and posing as attorneys to get intended victims to immediately wire money to satisfy a debt. The National Association of Consumer Bankruptcy Attorneys issued a warning that “Under no circumstances would a bankruptcy attorney or staff member telephone a client and ask for a wire transfer ... Read More »

      Here is Exactly Why People Who File Bankruptcy Are Smart


      I seem to spend a lot of time educating people that most everything they know about bankruptcy is just plain wrong. In fact a friend of mine just told me they were going to file bankruptcy and my answer was, “congratulations.” You see, even studies by the Federal Reserve Bank of New York have come to the same conclusion I ... Read More »

        How to find and interview the bankruptcy attorney you will hire.


        Not all bankruptcy attorneys are created equal. That is not shocking. The same could be said about finding help in any profession or job that requires expertise and training. That said, finding the right bankruptcy attorney for you is not something that should prove difficult for most of us. But there are some things I would encourage you to both ... Read More »

          How Avoiding Bankruptcy Can Backfire


          In the world of personal finance, credit concerns and debt issues, there is no single issue that is more misunderstood than bankruptcy. Recently the Federal Reserve Bank of New York came out with an exceptional report on the bankruptcy reform of 2005 — which made it tougher for people to file bankruptcy, and was the last time bankruptcy law was ... Read More »

            Those That File Bankruptcy Do Better Than Those That Don’t

            Woman in yoga lotus  meditation at seaside

            This report is republished from the Federal Reserve Bank of New York and contains the authors analysis and finding about bankruptcy following the 2005 reform. Personal bankruptcy was introduced in the United States through the Bankruptcy Act of 1978. After passage of the act, bankruptcy rates rose steadily until 2005, when Congress passed the Bankruptcy Abuse Prevention and Consumer Protection ... Read More »

              The Moral Hypocrisy of Avoiding Bankruptcy. It’s Good Enough for Your Church.

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              Having lived through bankruptcy myself I find it very interesting to observe the camps of bankruptcy lovers and haters. Admittedly I was once in the avoid bankruptcy camp because I just wasn’t well prepared for the experience and didn’t have the right frame of mind. But recent news of the Catholic church filing bankruptcy yet again to deal with claims ... Read More »

                What I Learned as an Attorney From Discharging Student Loans in Bankruptcy

                Fight Back - Red Button

                I asked attorney Lindsay Smith for some feedback to share with you about her experiences in representing consumers against student loan companies. 1) What did you learn from defending a recent consumer against a student loan company? I learned: a) Not to assume that all student loans are “next to impossible” to discharge in bankruptcy absent showing a hardship discharge; ... Read More »

                  Debt Relief Providers Still Crying From Low Delinquencies

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                  According to the credit reporting agency TransUnion, credit card delinquency has hit a seven year low. That’s good for consumer but not so good for credit counseling, debt settlement, or bankruptcy providers. The national credit card delinquency rate declined to its lowest level in at least seven years, dropping from 1.27% in Q2 2013 to 1.16% in Q2 2014. The ... Read More »

                    When Bankruptcy Feels “Wrong”

                    Mature woman confused

                    By Paula Langguth Ryan When it comes to your debts, are you stressing yourself out financially or creating financial hardship for yourself or a loved one? Has anyone suggested you consider bankruptcy? Do you get queasy even considering the idea? I want you to pay attention to where any feelings of “it just feels wrong inside” to not pay your ... Read More »

                      Jacoby & Meyers Bankruptcy Goes Dark


                      A tipster (send in your tips here) sent in a message about the Jacoby & Meyers Bankruptcy site had a strange message on it. For those that might not remember, Jacoby & Meyers Bankruptcy was created when Macey Bankruptcy Law merged with Jacoby & Meyers. As of right now the Jacoby & Meyers website is essentially gone. It does have ... Read More »

                        Bankruptcy is the Best Thing That Ever Happened to Me

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                        During my first job interview after my bankruptcy, the interviewer asked me what I was “most proud of in my life.” Without hesitating, I stated “declaring bankruptcy!” His quizzical look invited me to explain. And I’ll share what I told him, in just a minute. First though, here’s a Pop Quiz for you: Was going bankrupt the worst thing or ... Read More »

                          What to Wear and Say at Your Bankruptcy Hearing

                          You don't need to dress like a fashion model but nobody is going to kick you out if you do.

                          Actually, when it comes to what to wear, just don’t dress for a cookout. But as far as what to expect at your bankruptcy hearing, this article by Cathy Moran is great advice. Going to court for your first meeting of creditors? What are they going to ask me?, you wonder. My bankruptcy clients imagine a quiz on the contents ... Read More »

                            Florida Man Discharges Federal Student Loans in Bankruptcy

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                            Attorney Marilyn Hochman recently scored a victory in discharging federal student loans in a bankruptcy case. The consumer was able to discharge $8,223.49 in federal student loans without opposition by the Department of Education. Foster, the consumer, was unemployed and had previously filed for Social Security disability but was denied due to “not enough information.” Marilyn Hochman filed an adversary ... Read More »

                              Big Case Proving Ability to Discharge Student Loans in Bankruptcy

                              College Tuition Expenses

                              Times are changing when it comes to being able to discharge student loans in bankruptcy. And while the road has been paved by a few who have been successful, one 2013 case decided by the U.S. Appeals Court in the Ninth Circuit seems like it gives hope to those who want to discharge their student loans through bankruptcy. The Ninth ... Read More »

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