Bankruptcy Questions? - National Bankruptcy Forum

1. Milvetz v. United States

   A setback for debtors and debtors attorney’s everywhere. This part is bad for the attorneys: Attorneys who provide bankruptcy assistance to assisted persons are debt relief agencies under the BAPCPA. By definition, “bankruptcy assistance” includes several services commonly performed by attorneys, e.g., providing “advice, counsel, [or] document preparation,” §101(4A). Moreover, in enumerating specific exceptions to the debt-relief-agency Read more>>

2. Where to File a Chapter 7 Bankruptcy

   A bankruptcy case must be filed in the federal district where the debtor has maintained his residence or principal place of business “for the one hundred and eighty days immediately preceding such commencement, or for a longer portion of such one-hundred-and-eighty-day period.” 28 USC 1408. In laymen’s terms, the case must be filed in the bankruptcy Read more>>

3. An all too common preliminary inquiry by a hypothetical debtor, and a reply. Episode 2 of a series.

   dmp, debt management plan, deficiency, Second Trust Deed, Charge off

4. “What Do You Mean They Can Take My Bike?!?”

   This past week has been “Bike Week” in Daytona Beach, which is the next county over. It’s not unusual to see groups of weekend warriors out riding around Central Florida, but more so this time of year. One question I’ve learned to ask during any initial bankruptcy consult is what I call Read more>>

5. Several Eastern District of Michigan Bankruptcy Judges to Participate in Continuing Legal Education Seminar About Consumer Bankruptcy Issues

   On February 8, 2010, the U.S. Bankruptcy Court for the Western District of Michigan (which covers Grand Rapids, Kalamazoo, Lansing, Traverse City, and Marquette) posted a notice on its website regarding an “Institute for Continuing Legal Education Seminar” to take place April 19, 2010 in Plymouth, Michigan.  The notice (available here) indicates that the featured Read more>>