Monthly Archives: March 2010

Clients & bankruptcy benefits without the burdens

Clients who want the benefits of bankruptcy without any change or cost to the way they want to live life have been the theme of my practice lately.  This seems to come out when we do a Schedule J budget in a Chapter 13, and they want $300/month in recreation, $1400 in food, and $300…

Hardship discharge in Chapter 13: elements of proof

My post on what to do when you can’t make your Chapter 13 payments on Bankruptcy Law Network, written for consumers,  sparked a couple of responses from my lawyer colleagues there.  Chip Parker observed he needed a refresher on how-to, since hardship discharges hadn’t been see much in the last decade in Florida. Turns out…

Means test: don’t try this at home

Be an educated client, but don’t tell me how to do the means test!  For someone who has spent as much time as I have trying to get good bankruptcy information out in the public domain, I found I had a very churlish reaction to a new client who wanted to tell me how his…

Fear of bankruptcy misplaced

My friend David Leibowitz explores the fears his clients have of bankruptcy on Bankruptcy Law Network.  I encounter clients with the same emotions, fear that life as they know it will end if they file bankruptcy.  Well, at some level, the miserable life of living in debt; sleepless nights;  having no financial  reserves will end. …

Fearmongering and the decision to file bankruptcy

My colleagure at Bankruptcy Law Network Peter Orville wrote It is natural to be afraid of doing something you’ve never done before, like filing for bankruptcy protection. This is especially true if you’ve heard stories about why you shouldn’t file bankruptcy My beef is that the fear of bankruptcy is promoted by those with something…