Credit Counseling and Bankruptcy Filing

Under the Bankruptcy Abuse and Consumer Protection Act of 2005 individuals who plan to file for bankruptcy must complete under Rule 11 U.S.C. Section 109 a Credit Counseling Course prior to filing a Chapter 7 or a Chapter 13 Bankruptcy Petition. Our office ensures that all clients comply with the counseling requirement and registers all […]

Bankruptcy, the Earlier the Better

It is generally agreed that the earlier one makes the decision to file for bankruptcy, generally the better and the quicker their financial recovery process starts. Likewise, filing for bankruptcy sooner in the calendar year may prove to be more advantageous as well. According to American Research Group, Inc., the average family spends $854 in […]

Staying a Real Estate Tax Sale by way of a Bankruptcy Filing

When the owner of real property fails to make regular payments on municipal debt levied on his/her property, that property may be sold at a real estate tax sale to allow the city/municipality to recover any unpaid debt. These debts can include outstanding water and sewer bills, school district taxes, and real property taxes. The […]

Restoration of Driver’s Privileges and Bankruptcy

The filing of a Petition in Bankruptcy may be of assistance in restoration of a suspended driver’s license in Pennsylvania. First of all it must be determined why the Petitioner in Bankruptcy has his or her driver’s license suspended in the first place in that bankruptcy filings are often most helpful when the underlying license […]

What to expect at a Bankruptcy Hearing

Whether filing a Chapter 7 Bankruptcy or a Chapter 13 Bankruptcy, the Petitioner(s) must attend a 341 Meeting of Creditors. Although named the Meeting of Creditors by Statute, it is extremely rare for a creditor to appear at the 341 Meeting. In the event a Creditor does appear, it is usually because they have additional […]

Chapter 7 Repeat Filing

On October 17, 2005, a major change in the bankruptcy law went into effect. The law change specifically referred to as The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”) changed many aspects of consumer bankruptcy law(s). One of the many implemented changes was the waiting period between a consumer’s bankruptcy discharge in […]

Bankruptcy and Student Loans, a Brief Overview

The recognized current standard for including student loans in a bankruptcy discharge is broadly defined as a clear showing that the payment of the student loan debt will impose an undue hardship on the Debtor and his or her dependents. To meet this standard the Bankruptcy Courts have implemented the Brunner test. The Brunner test […]

Payday Loans making a comeback in Pennsylvania?

In March, 2010 I posted a blog about the high cost of payday loans, as high as a 426% interest rate. Payday loans are not the first choice of a consumer looking for a short term loan, and are generally sought in the most dire of financial positions. Pay day loans are often used by […]

Bankruptcy and Mortgage Modification

Most homeowners who have defaulted on their mortgage have heard the term or tried for a “Modification of Mortgage,” in short a modification. A modification is a change of the terms of the original mortgage agreed to by the lender and borrower. A Mortgage modification is likely to include the following: Reduction in interest rate […]

Foreclosure, Tax Sale and Bankruptcy, Don’t wait

One of the most common reasons one files for personal bankruptcy is to stay mortgage foreclosure. A Chapter 13 Bankruptcy, generally speaking, can be used as a repayment plan for mortgage arrears and other costs associated with falling behind on regular monthly mortgage payments, such as, interest, late fees, penalties and taxes. Moreover, once a […]