The Process To begin a civil lawsuit in federal court, the plaintiff files a complaint with the court and “serves” a copy of the complaint on the defendant. The complaint describes the plaintiff’s damages or injury, explains how the defendant caused the harm, shows that the court has jurisdiction, and asks the court to order...Read More

Bankruptcy Courts oversee a process where: a debtor repays creditors in a fair and orderly manner to the extent that the debtor has property available for payment; a failing business reorganizes by restructuring debt or the business entity itself, or, alternatively, to provide a framework for the orderly liquidation of the failed enterprise; and a...Read More

A debtor must be honest and accurate in dealing with the court or face serious consequences, including being charged with a bankruptcy crime. SOURCE: Federal Judiciary Channel (YouTube) TRANSCRIPT: 0:01 The following program was 0:03 produced by the United States Courts. 0:10 0:11 A debtor must be very accurate in his or her dealings with the...Read More

Every debtor is required to appear at a creditors’ meeting conducted by a trustee who asks the debtor questions about the debtor’s financial condition and gives creditors the opportunity to do the same. SOURCE: Federal Judiciary Channel  (YouTube) TRANSCRIPT: 0:01 The following program was produced by 0:03 the United States Courts. 0:12 As a debtor,...Read More

How does someone file a bankruptcy case? In order to file for bankruptcy, an individual must take a credit counseling course to learn about alternatives to bankruptcy as well as accurately complete and file a number of documents. SOURCE: Federal Judiciary Channel 0:01 The following program was produced by 0:03 the United States Courts. 0:09...Read More

Certain types of debt, such as child support, alimony, and most student loans, cannot be discharged in bankruptcy. Wrongful conduct may make some debts non-dischargeable. Examples of such conduct are incurring credit card charges without the intent or ability to repay, or obtaining loans using false financial information.  SOURCE: Federal Judiciary Channel (YouTube) TRANSCRIPT: 0:01 The...Read More

Settlement Addresses Robo-Signing and Other Improper Practices in Bankruptcy Cases WASHINGTON – The Department of Justice’s United States Trustee Program (USTP) has entered into a national settlement agreement with JPMorgan Chase Bank, N.A. (Chase) requiring Chase to pay more than $50 million including cash payments, mortgage loan credits and loan forgiveness to over 25,000 homeowners...Read More

I know I’ve talked about this time and time again. If you follow my blog, you are probably wondering why I’m going to dedicate another post to hiring the right lawyer for you. But I’m going to do it anyway, and I have good reason! No matter what lawyer you choose to hire, you need...Read More

If you have decided to file for bankruptcy, the next step is hiring a bankruptcy lawyer.  Such lawyers are familiar with bankruptcy laws and cases, and can help make the bankruptcy process as easy and pain-free as possible.  However, all bankruptcy lawyers are not the same.  There are some questions that you should consider asking...Read More