I spent two hours today waiting for my client’s Chapter 7 case to be called.  The time culprit was an earlier case that took almost an hour.  Once this case was called by the Chapter 7 Trustee, it was obvious that the debtor’s attorney never prepared his client for the hearing resulting in the debtor not answering questions, changing his answers, and making conflicting statements.  The Trustee immediately stated that the debtor was not prepared,

The Chapter 7 Trustee can take your Federal and State tax refunds depending on the exemption used in Schedule C, the amount of the exemption available in Schedule C, making sure no refund is received, and the timing of the bankruptcy filing. The Trustee can assert an interests in a debtor’s tax refund in the year the case is filed and the following tax year. This is why it is important to speak to an

The Chapter 7 Trustee does not have the power to void a State Court Divorce Decree or Divorce Settlement Agreement and force a debtor to remarry their ex-spouse. However, the Chapter 7 Trustee has the power to review the assets and liabilities listed in the Divorce Decree and make a subjective determination if the assets and liabilities were divided equally or if not, why did one spouse benefit more than the other spouse in the

Do you ever want to take the offensive position in a property dispute and file a Chapter 7 Bankruptcy with the intent of the Trustee selling the property? I call this the nuclear option, wherein, a person is involved in a dispute regarding the ownership, percentage of ownership or you want to sell the property, but the other party does not want to sell. There are some advantages of having the Trustee selling the property,

I have practiced consumer bankruptcy law for the past 25 years. Covid-19 significantly changed society, my family, staff, and clients. It made me seriously reflect on the quality of my life. I decided to resign as Managing Partner of a 60 person law firm and open up a boutique consumer bankruptcy law firm: I am the only attorney, and I have only two staff members, who have been with me over 12 years each. The