When someone represents himself in a legal proceeding, it is called “pro se” representation. The definition of pro se is: “…advocating on one’s own behalf before a court rather than being represented by a lawyer.” The law, bankruptcy or otherwise, is a complex web of rules, statutes, deadlines, forms and judicial decisions. Lawyers have difficulty
Profile of a Bankruptcy Filer
Due to the stigma attached, there are so many misconceptions when it comes to bankruptcy. In my opinion, the worst misconceptions are the assumptions made about the type of people that file for bankruptcy. There seems to be this standing notion that bankruptcy is morally and ethically wrong. As a result, those who seek bankruptcy
Using Chapter 7 Repayment Plans
Sometimes you get stuck in the bankruptcy wasteland and it just seems like bankruptcy is not an option. In these situations, it may be possible to get creative with chapter 7 bankruptcy. I like to think of this hidden bankruptcy chapter as “Chapter 9.5.” You will not find chapter 9.5 in the bankruptcy code, but
Why are Student Loans Exempt From Discharge in Bankruptcy?
Student loan debt is on the rise and has increased exponentially over the past ten years. The total outstanding student loan debt now exceeds $1 trillion and continues to rise. In addition, college tuition continues to increase so the problem will continue to compound. The Federal Government has been relatively stagnant on this issue offering
Q&A: Will I Lose my Income Tax Refund in Bankruptcy?
As we head into the final quarter of the year, we start to think on our yearly finances and our end of year accounting. This accounting could impact financial decisions as we approach the new year. Bankruptcy lawyers and their clients must be extremely conscious of this as well. Many people withhold more than the
Falling Down And Getting Back Up
Today, September 20, 2012 is my Son’s first birthday. I am joyful, excited and very proud. More importantly, I am in awe at what my Son has been able to accomplish through the first year of his life. He came into the world unable to hold his own head up. He progressed to rolling over
Getting Stuck in the Bankruptcy Wasteland
When I hear the term “wasteland,” it conjures up images of a post-apocalyptic world in ruins. Perhaps there is desert terrain stretching out as far as the eye can see. There is no food, no water and a sense of hopelessness fills the air. Before I let my imagination run wild, this post has a
Filing Bankruptcy Without a Lawyer is Risky Business
When assessing risk, we must weigh the potential benefit of a specific action against the potential consequences. Think on it. Would you jump out of an airplane without a functioning parachute? Would you get on a boat knowing there were no rafts or life preservers? These two examples demonstrate very little benefit (if any at
Filing Bankruptcy Without Regret
With the economy still struggling to recover, many people who were previously financially stable have found themselves running out of options. These people, once successful and secure, look at bankruptcy as a last option and a reprehensible one at that. This strong aversion to bankruptcy could be the reason for the drastic decline in bankruptcy
Can’t Afford Your Car Payment? File Bankruptcy.
Many people believe that bankruptcy is a legal process used to deal with excessive credit card debt. Of course, bankruptcy can be a very good option if you have unreasonable credit card debt, however, this assumption is incorrect. You can actually owe $0 in credit card debt and still use the bankruptcy process to improve