The United States House of Representatives passed H.R. 5827 which allows gunowners to exempt up to $3,000.00 in value in firearms. A comparable version is pending in the Senate now. This is big news right? Not really.
First, putting aside the fact that the Senate must pass this legislation and the president must sign it, so what does H.R. 5827 do for actual people. For people in approximately 33 states of the country–it does nothing. That is right–nothing!
The United States House of Representatives passed H.R. 5827 which allows gunowners to exempt up to $3,000.00 in value in firearms. A comparable version is pending in the Senate now. This is big news right? Not really.
First, putting aside the fact that the Senate must pass this legislation and the president must sign it, so what does H.R. 5827 do for actual people. For people in approximately 33 states of the country–it does nothing. That is right–nothing!
You are thinking that you may need to file bankruptcy but you are concerned that you do not have the money for a bankruptcy lawyer. You are wondering whether you can afford to pay a qualified attorney to handle your case for you. Perhaps the better question is–can you afford not to!
You live in one county, you are considering an attorney in a different county — does it matter? Do you have to see an attorney in the same county you live? (This is part of what you might be considering when you consider who to hire… for other considerations, see these posts: Wendell Sherk’s Shopping for Bankruptcy Lawyers? Six Things Not To Do!, Nicholas Ortiz‘ Choosing a Bankruptcy Lawyer Today.)
Whether the attorney needs to be in the same county where you live, the short answer is, no, you probably do not, but it depends on several factors, and the longer answer might end up being that you want to, even if you do not have to.
Filing a Chapter 13 bankruptcy lets you do things you couldn’t otherwise do in a Chapter 7 bankruptcy. One of the things you can do is “cram down” a vehicle. It sounds a little violent, and I’m sure it feels that way to an auto lender.
Here’s how it works. Let’s say you owe $20,000 on your car, but it’s worth only $10,000. You can value the car at $10,000 and pay that amount as the secured claim. The other $10,000 becomes an unsecured debt and might only be paid a few pennies on the dollar. You crammed the loan down to $10,000.
I know you’ve heard it before (and it’s been written about before, e.g., here, Jay Fleischman’s Where Do You Find Credible Bankruptcy Information), but I just finished meeting with a new client — she almost hadn’t come, having emailed me yesterday saying she had done research on the internet and concluded she could not do a bankruptcy if she wanted to try to get out any of her equity in her home. I suggested the decision was too important to make without getting legal advice (which anything you find on the internet isn’t), and that she should be careful about information she found on the internet. After all, some of it is simply wrong, some of it was right when posted but wasn’t updated and now something has changed, and some of it is simply not applicable (but that’s not necessarily clear from the context).
I know you’ve heard it before (and it’s been written about before, e.g., here, Jay Fleischman’s Where Do You Find Credible Bankruptcy Information), but I just finished meeting with a new client — she almost hadn’t come, having emailed me yesterday saying she had done research on the internet and concluded she could not do a bankruptcy if she wanted to try to get out any of her equity in her home. I suggested the decision was too important to make without getting legal advice (which anything you find on the internet isn’t), and that she should be careful about information she found on the internet. After all, some of it is simply wrong, some of it was right when posted but wasn’t updated and now something has changed, and some of it is simply not applicable (but that’s not necessarily clear from the context).
When you file a Chapter 7 or Chapter 13 bankruptcy case, a Trustee is appointed to administer your case. This person is an independent contractor who works for the Office of the U.S. Trustee in the Department of Justice. Although they are commonly attorneys, there is no requirement that you be admitted to practice law to do the job.
Administering a case means reviewing the bankruptcy petition and all supporting paperwork filed with the Bankruptcy Court to see that it is properly completed according to the Bankruptcy Code requirements.
When you file a Chapter 7 or Chapter 13 bankruptcy case, a Trustee is appointed to administer your case. This person is an independent contractor who works for the Office of the U.S. Trustee in the Department of Justice. Although they are commonly attorneys, there is no requirement that you be admitted to practice law to do the job.
Administering a case means reviewing the bankruptcy petition and all supporting paperwork filed with the Bankruptcy Court to see that it is properly completed according to the Bankruptcy Code requirements.
Elizabeth Warren is being proposed by some as the best choice to head the new Bureau of Consumer Financial Protection, as discussed here in a New York Times editorial, as well as here at a USA Today article. Who is she? The short answer is that she’s a bankruptcy expert at Harvard Law School, and she cares.
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