Does debt settlement work? Shouldn’t I try that before looking at filing bankruptcy?

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24th Oct 2012

Does debt settlement work? Shouldn’t I try that before looking at filing bankruptcy? According to a NACBA Consumer Alert (‘The Debt Settlement Trap: The #1 Treat Facing Deeply Indebted Americans’ October 2012): “Even the industry acknowledges – though not in … more

What effect does Bankruptcy Code’s automatic stay provision have on conditions of a criminal sentence?

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22nd Oct 2012

What effect does Bankruptcy Code’s automatic stay provision have on conditions of a criminal sentence? Defendant was ordered to pay restitution after being convicted for bank fraud and tax crimes, and filed for bankruptcy after initial sentencing. Defendant (and now … more

When does judicial estoppel apply to proofs of claim?

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18th Oct 2012

The Fifth Circuit Court of Appeals found that judicial estoppel does not apply to an inconsistent proof of claim filed by the same creditor in a second bankruptcy case where the debtor was dismissed from the prior bankruptcy. In re … more

Why creditors should be held accountable for discharge violations

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10th Oct 2012

When a creditor tries to collect a debt that was discharged in bankruptcy, it is (and should be) treated as a serious violation of the debtor’s rights. When that collection effort rises to the level of causing emotional distress, then … more