Family Law › Bankruptcy

Why and When to Conduct an Asset Search

Asset Search services are one of those areas that most people know little about until they need them. For years personal injury attorneys have conducted asset searches to satisfy their due diligence in determining the nature...more

Debtor v. Bank of America, N.A.; 2:11-ap-01983-VZ

Court Transcript on Summary Judgment Hearing

Debtor's counsel successfully defeated this summary judgment motion brought forth by Bank of America, N.A. and a successive motion in this case. A pretrial conference is scheduled for May 23, 2013. The findings of fact...more

Public Bankruptcy Filings may Help Your Cause in a Divorce Battle

Litigants in divorce cases are required to file extensive financial documentation. If that litigant has filed or later files bankruptcy, a second set of financial documents must be filed with the bankruptcy court. Often...more

Bankrupt Warren Sapp Tries To Lower Child Support Payments

Former football star Warren Sapp is seeking a reduction of the $2,500 per month he shells out in child support for one of his children. Sapp, who made over $82 million in his career as a defensive lineman for the Tampa...more

Special Rules for Divorce and Bankruptcy

Sometimes financial problems are stress factors that lead to divorce. And, people who decide to divorce often consider bankruptcy as well. So, while divorce and bankruptcy may go hand in hand, it is important to realize that...more

Legal Sense with James Andrews

Attorney James R. Andrews II is the host of Legal Sense with James Andrews. James was born in East Orange, New Jersey. He graduated from high school in Whippany, New Jersey and then attended the University of Virginia where...more

New Chapter 7 Means Testing Figures Effective November 1, 2012

New means test figures make it more difficult to qualify for Chapter 7 bankruptcy....more

Schaffer v. ECMC

Findings of Fact and Conclusions of Law

We recently obtained a judgment discharging more than $57,000.00 in student loans on behalf of our clients through a Chapter 7 Bankruptcy Adversary Proceeding. The conclusions of law are timely for future cases. A medical...more

Financially Adrift and Lost on Long Island

A recent HBO documentary details the impact of the "Great Recession" on Long Island residents....more

Divorced - And Then Bankrupt

Imagine this scenario: You represent a spouse in a divorce proceeding in which the couple has co-owned credit card debt. Your client never made a single purchase in connection with that credit card. After the divorce is...more

What if I Own Joint Debt with Someone Who Files for Bankruptcy?

Bankruptcy can be filed by one spouse without the other. If your spouse files for bankruptcy, it does not automatically bring you into bankruptcy. Similarly, the bankruptcy of a spouse doesn’t give you the protection of...more

CFPB: Next Up, Reverse Mortgages!

In a June 28, 2012 Report to Congress, the Consumer Financial Protection Bureau (the CFPB or the Bureau) published its study of reverse mortgage transactions. This study was required by Section 1076 of the Dodd-Frank Wall...more

Filing for Bankruptcy? You Still Have to Pay Child Support

A Florida man almost escaped $180,000 in past-due child support when his ex-wife and the state didn’t bother to claim the debt during his bankruptcy proceedings, but a federal court has affirmed that he still owes the money...more

Borrowing to Pay Alimony or Child Support in Bankruptcy

One of the non-dischargeable debts according to the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) 2005 is any form of alimony and child support. These expenses take priority over other debts including...more

Best Time to File Bankruptcy: Before or After Divorce?

Bankruptcy and divorce often coincide. The common question arises: When is the best time to file bankruptcy, before or after the divorce? Filing bankruptcy before divorce is almost always the recommended path. ...more

Filing for Bankruptcy as a Married Couple

If you are a married couple thinking of filing a bankruptcy petition, there are some considerations you should bear in mind before doing so. You may opt either to file a petition jointly as a couple or separately as...more

Does My Spouse Have to File Bankruptcy Too?

The simple answer is no. Only one spouse has to file for personal bankruptcy. However, there are a number of qualifications to this rule. First, if you are considering filing bankruptcy alone in order to conceal the high...more

Bankruptcy and Divorce - The Short Version

Bankruptcy and divorce are often contemplated at about the same time. Here's the short version of answers to common questions involving bankruptcy and divorce. • Will bankruptcy get rid of my spousal support debts? • Will...more

Child Support and Bankruptcy

If you are paying child support and considering filing bankruptcy, you may be wondering how bankruptcy will affect your ability to make payments. Alternatively, if you are receiving child support from someone who is about to...more

Your Questions on Bankruptcy and Divorce Answered

One of the most potentially difficult steps to take in anyone’s financial world is to file for bankruptcy. If this difficult but crucial step is coupled with the pain of divorce it can be even more unnerving and...more

Are Spouses Required To File for Bankruptcy Together?

When you get married, you agree to share your life with your new spouse, in sickness and health, for richer and poorer— but what about bankruptcy? When one spouse files for bankruptcy, does that mean the whole...more

Divorce & Bankruptcy

A look at how Divorce and Bankruptcy interplay with each other. First published http://mankatolawblog.com/2012/01/31/divorce-and-bankruptcy-minnesota-law/ by Rosengren Kohlmeyer, Law Office Chtd. Mankato,...more

"F" is for Fresh Start through Bankruptcy

In the bankruptcy world (yes, there is such a place!) the term “fresh start“ is mentioned so often that it can become cliche. However, when you can get past the initial feelings you may have about bankruptcy, the end result...more

Midland Funding, Portfolio Recovery, LVNV Funding. The Debt Buyers and Why You Should Fight

Most people that will read this article have had the unpleasant experience of receiving a knock at the door only to get served with a lawsuit. After the shock subsides as to what just happened, you look at the paperwork and...more

E is for Equity

Equity. It is usually your friend. If you are in bankruptcy, it can be an issue. Simply put, equity is what you actually “own” in your property. For instance, if you have a car that is worth $10,000 and you still owe $6,000...more