Monthly Archives: June 2009

Judicial review of debtor’s attorneys fees

At a hearing on the approval of my attorneys fees in a Chapter 13 case, the judge questioned the fees I attributed to defending a motion for relief from stay which was granted after three hearings.  Wasn’t this a lost cause from the start, she asked? My reply was that I had raised questions of…

Foreclosure the day after tomorrow

The email said: ” We saw you two months ago about bankruptcy.  The foreclosure is Tuesday.  Can you help?” I wanted to reply:  “Where have you been in the past two months?  What were you thinking to wait til now to start filing bankruptcy?” Instead I said: “Bring information, money and be here in two…

How long does bankruptcy take?

Every client asks that question.  My friend Susanne Robicsek walked her readers through the timeline of a Chapter 7. But the real gating issue is “how long will it take you to get your attorney all the needed information”. It is getting the raw information to us that is the real slow down in most…

Bankruptcy schedules deserve your best efforts

My friend Doug Jacobs advises debtors to tell their bankruptcy  attorneys everything, pointing out that intentional omission of assets risks denial of discharge and even jail. I seldom see the intentional omission:  much more frequent is the debtor who simply can’t be bothered to read the form and consider whether elements in their financial lives…

Credit card “overspending” parallels housing crisis

Forbes has compiled a list of cities where credit card spending is highest. My scan of the list suggests that this list is simply another version of the areas of the country where housing is in trouble.  Homeowners with outsized mortgage payments rely on credit cards to make up the difference needed to support the…