Abstract: The author examines the communications and activities of bankruptcy lawyers participating in the listserv of the Bankruptcy Law Section of the State Bar of Texas and finds that those activities constitute a previously unrecognized form of “lawyering,” which he … Law Review: Daniel, Josiah M. III- “Listserv Lawyering”: Definition and Exploration of Its Utility in Representation of Consumer Debtors in Bankruptcy and in Law Practice Generally, 11 St. Mary’s Journal on Legal Malpractice & Ethics 54 (2021). Read More »

Abstract: Chapter 7 of the U.S. Bankruptcy Code exists to satisfy the claims of creditors and preserve an economic “fresh start” for the debtor after bankruptcy. In exchange for surrendering her property to the trustee to have it monetized (i.e., … Law Review Note: Sheinfeld, David, Bankruptcy & the Underwater Home: A Case for Real Property Redemption, 10 Mich. Bus. & Entrepreneurial L. Rev. 85 (2020). Read More »

Summary: Heinz and Susan Georg refinanced their home, which was owned by them as tenants by the entireties, with First Horizon. Only Mr. Georg was, however, listed as a borrower on the mortgage note and, more consequentially, as a grantor … 4th Cir.: Old Republic v. Shulman Rogers- Mutual Mistake in Deed of Trust Read More »

Summary: The pro se Plaintiff brought a complaint first in Mecklenburg District Court against Best Buy for a allegedly improper “hard pull” of his credit report. After that was removed to federal district court, on the basis of subject matter … W.D.N.C.: Powell v. Best Buy- Insufficient Service Read More »

Summary: The Debtor filed an application to employ special counsel on March 4, 2020, which served as the effective date of employment, but special counsel had already performed the bulk of its compensable services prior to that date. Finding that … Bankr. M.D.N.C: In re Wellington- Pre-Employment Compensation Read More »

Summary: The Debtor filed a pro se reaffirmation agreement for a lease, but the bankruptcy court held not only would this reaffirmation be an undue hardship under 11 U.S.C. § 524, but also that assumption is governed by the procedures … Bankr. M.D.N.C.: In re Jacob- Reaffirmation and Assumption of Lease Read More »

Abstract:One in ten adult Americans have turned to the consumer bankruptcy system for help. For the past almost forty years, the only systematic data collection about the people who file bankruptcy comes from the Consumer Bankruptcy Project (CBP), for which … Law Review: Foohey, Pamela and Lawless, Robert M. and Thorne, Deborah, Portraits of Consumer Bankruptcy Filers in the United States (March 18, 2021). Georgia Law Review, Vol. 56, Forthcoming. Read More »

Abstract:In the first three years of Public Service Loan Forgiveness (PSLF), over 227,000 borrowers applied for relief. The U.S. Department of Education granted relief to less than 3800 borrowers, denying forgiveness to roughly 98% of the program’s applicants. This astronomically … Law Review: Robert Wu, America’s Unforgiving Forgiveness Program: Problems and Solutions for Public Service Loan Forgiveness, 72 Hastings L.J. 959 (2021). Read More »

Filing Bankruptcy In Arizona: A Detailed Outline Of Each Phase Mesa’s Reliable Bankruptcy Attorneys Carefully Explain The 6 Steps In a Bankruptcy Process By the time you’re ready to file for bankruptcy, you likely want to get it done as quickly as possible. You have likely been underwater for a long time, and you want debt relief NOW. You don’t want to spend another single day dealing with harassing phone calls, emails, or letters from your creditors. You just want to be past it all. Fortunately, filing for bankruptcy can give you fast debt relief. However, it won’t be instant. At a minimum, it will be a few months before you are done with it all, though you will get immediate relief from harassment from your creditors. Here’s a closer look at the phases of bankruptcy to help you know what to expect: Pre-Bankruptcy Counseling Before you can file for bankruptcy, you have to complete an approved counseling course. The “course” is really a one-on-one session with a counselor who will talk to you about your finances, help you understand how bankruptcy may impact you, discuss your other financial options, and help you start a budget. Your Mesa bankruptcy attorney can suggest an approved counselor for you to complete this step. The Bankruptcy Filing You will spend the most time on putting together the bankruptcy filing with your bankruptcy attorney than on any other part of the bankruptcy process. Your attorney will ask you for a lot of documentation about your income, your expenses, and your debts. You may be asked to provide explanations for some expenses or debts also. Your bankruptcy attorney in Mesa will spend a lot of time on your bankruptcy filing, ensuring that everything is filled out completely and accurately. Any mistakes on your filing could jeopardize your ability to get debt relief or could cause other trouble. Be transparent with your attorney and provide as much information as you can. The Automatic Stay As soon as your bankruptcy attorney files your bankruptcy paperwork, an automatic stay will be triggered. The automatic stay prohibits your creditors from contacting you about your debt until your bankruptcy filing can be resolved. That means that creditors cannot call you, send you letters, or send you emails. If they do, they can face legal consequences. You may get a call or letter after your automatic stay is issued just because it was initiated before your creditor got proper notice. If that happens, just let the creditor know that you have filed for bankruptcy and direct them to your bankruptcy attorney in Mesa. Meeting Of Your Creditors This may sound scary, but it is usually a formality. About a month or two after your bankruptcy paperwork is filed, you will have a creditor’s meeting. None of your creditors are actually likely to show up for this meeting. Instead, it will be you, your bankruptcy lawyer, and a bankruptcy trustee. The trustee will review the filing and will likely ask you a few questions. Your creditors have the opportunity to attend these meeting or to send in a formal complaint, but this is a rare occurrence. Instead, your bankruptcy trustee will likely close the meeting by approving your bankruptcy filing or by setting up the payment plan for your Chapter 13 bankruptcy filing. Debtor Education Course You must take another education course before your bankruptcy can be finalized. This debtor education course will cover things like how to make a budget, how to manage your money, and how to use credit wisely. The course takes about two hours to finish, and it can be completed online in many cases. Notice Of Discharge The last step in the bankruptcy process is discharge. You will receive this in a Chapter 7 bankruptcy after the trustee has reviewed your filing and found no issues, and after you have completed the debtor education course. In a Chapter 13 bankruptcy, you will receive the notice of discharge after you have completed your three- to five-year repayment plan. The entire bankruptcy process only takes a few months to finish. If you filed for Chapter 7 bankruptcy in Mesa, you’ll have a complete discharge of your unsecured debt at the end of that time. If you filed for Chapter 13 bankruptcy, you’ll begin your repayment plan, which will take three to five years to finish. At the end of that time, you may be able to discharge some of your remaining debt. Seeking Debt Relief? Our Arizona Bankruptcy Law Firm Can Help! Call My AZ Lawyers today to talk with an experienced bankruptcy lawyer about whether bankruptcy might be right for you. We represent clients seeking protection through Chapter 7 bankruptcy or Chapter 13 bankruptcy. Our goal is to help you get the maximum debt relief possible as quickly as possible. We serve clients throughout the Phoenix area. Call us today to make an appointment with a Mesa bankruptcy attorney to learn more about your options.   Arizona Offices: Mesa Location: 1731 West Baseline Rd., Suite #100 Mesa, AZ 85202 Office: (480) 448-9800 Email: info@myazlawyers.com Website: https://myazlawyers.com/ Glendale Location: 20325 N 51st Avenue Suite #134, Building 5 Glendale, AZ 85308 Office: (602) 509-0955 Tucson Location: 2 East Congress St., Suite #900-6A Tucson, AZ 85701 Office: (520) 441-1450 Avondale Location: 12725 W. Indian School Rd., Ste E, #101 Avondale, AZ 85392 Office: (623) 469-6603 The post Filing Bankruptcy In Arizona: A Detailed Outline Of Each Phase appeared first on My AZ Lawyers.

The Bankruptcy Chapter 11 Subchapter V debt limit of $7,500,000 has been extended for 1 more year to March 2022. The House passed a bill, which was signed by President Biden this week. Any clients, attorneys or accountants who have questions about Subchapter V Bankruptcy should contact Jim Shenwick 212 541 6224  jshenwick@gmail.com