Featured Articles

Renters Can be Victims of Foreclosure

December 10, 2008 19:43

Last week the Atlanta Journal Constitution published an important article entitled “Foreclosures Reach Renters.”  The article described the plight of tenants who had regularly and reliably paid monthly rentals for homes but were nevertheless faced with eviction if the property owner ...

What Happens at a Bankruptcy Liquidation Sale?

June 22, 2008 18:08

6/22/08

Recent Articles

Obama Agenda for Home Loans

January 07, 2009 01:27

The Obama transition has clarified its position on the modification of home loans in bankruptcy.  Obama and Biden are calling for a change in the bankruptcy code to allow modification of the terms of loans on the debtor’s primary residence. With the recent introduction of legislation by ...

Tell Congress to Amend Chapter 13 of the Bankruptcy Code

January 06, 2009 23:21

Today was the first day of the new Congress in Washington.  And bankruptcy is on the front burner.  A new law to amend the Bankruptcy Code, designed to fight foreclosures by allowing bankruptcy judges to erase some mortgage debt in chapter 13, was proposed today.  Congressman Brad Miller, (D- N.C.) ...

2009: The Coming Meltdown. Part Two: Insurance

January 06, 2009 17:03

The September 2008 bailout of American International Group (AIG) as “TBTF” (Too Big To Fail) has generated continuing headlines as the scope of its losses has become apparent. What initially was an $85 billion “cash infusion” has turned into a nearly $130 billion loan/purchase of equity by the US Go...

What If My Employer Files Bankruptcy?

January 06, 2009 04:57

Grab as many staplers are you can carry.  No, I am kidding.  Staplers are not worth what they used to be, what with document scanning these days.   Staple pullers?  Maybe.  Seriously, the headlines are full of stories about massive corporate layoffs and bankruptcies.  A local steel mill shut down fo...

2009: The Coming Meltdown. Part One–The Auto Industry

January 06, 2009 02:05

In this four-part series, I will discuss the four areas of the economy that are likely to contribute to an ever worsening economy over the next year. I’m starting with the area of the economy that has received the most attention recently, the auto industry. Everyone knows that GM, Ford and Chrysler ...

Bankuptcy Appeals Courts Start Electronic Filing

January 06, 2009 01:39

Most U.S. Courts of Appeals and some Bankruptcy Appellate Panels where bankruptcy appeals are litigated have begun accepting the filing of documents electronically. Most bankruptcy attorneys are familiar with electronic case filing and will welcome the ability to file their documents online over...

2009: The Coming Meltdown…

January 06, 2009 01:38

As we enter 2009, many pundits are predicting that we’ve seen the worse that the recession has to offer, and things will improve in the coming year. Sadly, I don’t see it. Rather, I see things getting significantly worse before they get better. Why? Because of problems or continuing problems in fou...

Three Biggest Exceptions to Means Testing in Bankruptcy

January 05, 2009 01:23

It used to be that there were two main exceptions to having to pass the “means test” when filing for bankruptcy under the new laws enacted in October, 2005.  Recently, a third large exception was added.   Prior to October, 2005, filing for bankruptcy did not require form &...