The Bankruptcy Means Test (Part Five)

Written by Summerville Bankruptcy Lawyer, Russell A. DeMott In prior post about the bankruptcy means test, I focused on the means test as being a tool to sort out Chapter 7 bankruptcy cases from Chapter 13 cases.   However, it’s important to understand that for some cases, the means test doesn’t even apply. The Two…

Details
bankruptcy--chapter 7 filing

Bankruptcy Experiences #3

Written by South Carolina Bankruptcy Lawyer, Russell A. DeMott Many of my recent bankruptcy filings are due to what I call “real estate meltdown.”   The decline in the real estate market was inconceivable only a few short years ago.   Here in the Charleston, South Carolina area, real estate never went down by more…

Details

Filing Bankruptcy When You’re Married

Written by South Carolina Bankruptcy Lawyer, Russell A. DeMott Filing bankruptcy is a family decision.   Even with hectic schedules, it’s necessary for both the husband and wife meet with me together to discuss bankruptcy options. But Our Schedules are Hectic! This is the main reason I get for one spouse wanting to come in…

Details
bankruptcy and the means test

The Bankruptcy Means Test (Part Four)

Written by Summerville Bankruptcy Lawyer, Russell A. DeMott Passing the bankruptcy means test doesn’t mean you’re cleared for takeoff for a Chapter 7 bankruptcy.   I pointed this out in my last post on the bankruptcy means test. There are two tests that control your eligibility for Chapter 7 bankruptcy: (1) the means test, and…

Details

Scarlet Letter of Bankruptcy–A Thing of the Past?

Written by New York Bankruptcy Lawyer Jay S. Fleischman. Remember the book, The Scarlet Letter?   You know, the one where the woman does something and is marked for the rest of her life with a huge letter “A” pinned to her blouse? When I was a kid, I took an English class that included…

Details

What is Chapter 13 Bankruptcy? (Part Two)

Written by Summerville Bankruptcy Lawyer, Russell A. DeMott Chapter 13 bankruptcy is all about payments.   As I’ve said before, the Chapter 13 bankruptcy trustee is happy if you “pay early and pay often.”   That’s true here in Charleston, and it’s the same in all other bankruptcy districts. But how much do you pay?…

Details

Fired for Filing Bankruptcy? No Way!

Guest Post Written by Elyria, Ohio Bankruptcy Lawyer, Bill Balena Keeping your bankruptcy filing from your boss is one of the most common concerns of many new bankruptcy clients.   Let’s get one thing straight immediately.   In a chapter 13 bankruptcy the preferred method for funding the plan is by a pay order.  …

Details

What is Chapter 13 Bankruptcy? (Part One)

Written by Charleston Bankruptcy Lawyer, Russell A. DeMott Chapter 13 bankruptcy is more involved that Chapter 7 bankruptcy.   There are things you can do in Chapter 13 that can’t be done in a Chapter 7.   This video post gives a good overview of Chapter 13–what you can do and what you can’t do.…

Details