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MEANS TEST NUMBERS UP OVERALL

Qualification for Bankruptcy is based solely on income and household size, and is calculated by and through a mathematical analysis call or texted a “Means Test.” Twice per year the United States Trustee reevaluates the median income levels used. As of November 1, 2019, those amounts are going up overall – meaning more people may […]

Interim Bankruptcy Rules Published for Public Comment

On February 19, 2020, the Small Business Reorganization Act of 2019, P.L. 116-54 (SBRA) will go into effect – long before the normal three-year rules amendment process runs its course. As a temporary measure, the Advisory Committee on Bankruptcy Rules has drafted interim bankruptcy rules and amendments to the official bankruptcy forms to address the […]

Celebrating 230 Years of the U.S. Courts

On this day in history, President George Washington signed the Judiciary Act of 1789 establishing a federal court system separate from state courts. The 230-year-old act set forth a three-tier federal court structure of one Supreme Court and two levels of inferior courts. John Jay, the nation’s first chief justice, viewed the creation of the federal […]

National Women Road Warrior Day

September 19th is National Women Road Warrior Day which was created to celebrate and honor the nation’s traveling businesswomen. I practice Connecticut-Statewide and travel almost daily for court appearances and client meetings, as well as business networking and continuing education. Just yesterday I was up in Hartford for a Bankruptcy Hearing and tomorrow I will […]

History of Labor Day

Labor Day 2019 On September 2, 2019, the U.S. Department of Labor celebrates and honors the greatest worker in the world – the American worker. Labor Day 2019 is the 125th anniversary of Labor Day being celebrated as a national holiday. Labor Day: What it Means Labor Day, the first Monday in September, is a […]

The F Word

No.  Not that F Word. The word I am talking about is Forgiveness. In particular, Debt Forgiveness. This can be achieved through Bankruptcy or Bankruptcy Alternatives. I talk a lot about Bankruptcy, but it’s not for everyone. So, what are the alternatives? Here are the top three: Repayment with Workouts (aka Debt Negotiation) Debt Management with Strict […]

SCRA: Servicemembers’ Civil Relief Act

The Servicemembers’ Civil Relief Act applies in bankruptcy cases. It provides protection to members of the military against the entry of default judgments and gives the court the ability to stay proceedings against military debtors. Background The Servicemembers’ Civil Relief Act (“SCRA”) is found at 50 U.S.C. app. §§ 501 et seq. The purpose of […]

Proof of Claim 101

A proof of claim is a written notice that the creditor – individual or business that the debtor owes – is asserting his/her or its right to obtain a pay out from the bankruptcy estate. This written statement is used as a formal way of notifying the court, the debtor and other affected parties that […]