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Fighting Fraud in Bankruptcy Act of 2011

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On May 25, 2011, Senator Patrick Leahy (D-VT) introduced a bill (S.1054, full text available here) titled the “Fighting Fraud in Bankruptcy Act of 2011” (hereinafter “FFBA”). The FFBA is aimed at providing additional tools to the U.S. Trustees to protect homeowners from lenders who file fraudulent claims. These additional tools consist primarily of remedies against those […]

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Donation Only Bankruptcy Help

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KarmaCounsel.org is now providing an alternative method for Arizona and California individuals to obtain help with a bankruptcy. Based on the principle that helping others sows positive seeds for the future, KarmaCounsel.org connects people with attorneys willing to work on a donation only basis. The website fills the gap between those public interest organizations who […]

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Lawsuits and Default

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One of the most common triggering events that leads people to call me is when the received service of a Summons regarding a lawsuit. In Arizona if you are sued in state court, you will likely be served in person by a process server who will deliver at least two documents, sometimes three. If you […]

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Tax Refund Season

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It is that time of year again: tax filing season! For some that means the joy of getting a tax refund and for those who are expecting a tax refund and also contemplating a bankruptcy filing, there are some important things to consider. If you file bankruptcy now you may forfeit your tax refund. Let’s […]

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Why is the Trustee Taking So Long?

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As a bankruptcy attorney, my email inbox is flooded every day by notices from the Bankruptcy Court on each active case. Today I received a notice on an old Chapter 7 case that was filed back during the summer of 2009. The case started as a “no asset” bankruptcy and was closed in typical fashion […]

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Keeping Your Car In Bankruptcy

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Unless you are lucky enough to live in an area of town with good access to the light rail, you probably have a car to get you around town. Many people contemplating a bankruptcy are concerned about losing their car. After all, without a car, how are they to get to work and make the […]

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The Bankruptcy Estate

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One of the most difficult concepts to explain during a short 30-minute consultation with a potential client is the concept of the Bankruptcy “estate.” Sometimes the easiest way to explain it is with analogy to death. When a person dies, their “estate” consists of all assets they held at the time of their death. Similarly, when […]

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Michael Jackson and Bankruptcy

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Of all the news circulating this week in the aftermath of Michael Jackson’s untimely death, an article in the Wall Street Journal today caught my eye.  The article discussed briefly the 1999 bankruptcy of Jackson’s parents, who had amassed an estimated $24 million dollars in debt and were forced into a Chapter 7.  This is just a […]

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Consumer Bankruptcy Basics

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Today’s L.A. Times has a great article on consumer bankruptcy, which discusses the basic distinctions between a Chapter 7 bankruptcy and a Chapter 13.  It’s a good read for anyone with substantial debts and questions about how the process works. Generally speaking, a Chapter 7 — often called a “liquidation” bankruptcy — is for people […]

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