Back in 2005 Congress inserted a "means test" into the bankruptcy code.
What this means is that when you file bankruptcy, we must add up your income from all sources (except Social Security payments and, arguably, unemployment compensation benefits) for the six months before the month in which your case is filed.
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New Means test numbers
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Prenda Law Attorney's Case Converted
A Minnesota attorney named Paul Hansmeier was "sort of famous" for being involved in a set of cases often called the Prenda Law cases. The gist of those cases was that the Prenda Law Firm would threaten to sue person "X" for downloading copyrighted pornography, but would settle the case for a few thousand dollars.
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New Forms Coming
My staff and I spent an hour today with a webinar about the new and "improved" Official Forms which we will be required to use starting December 1, 2015.
The forms have much of the same information, but they are arranged differently and named differently. There will be a steep learning curve when we are required to file new cases with these forms.
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Ask your mom!
On four different times in the last few months, I have come across the following situation. Fortunately, only one of these was originally my own client; another person's lawyer was no longer practicing, so I helped that person out, although could not protect all of the value in question; two other cases are being handled by different lawyers, and I am waiting to see how those cases are handled.
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Lien Stripping Still Possible Despite Supreme Court Case
You may have seen this headline in today's news:
"Supreme Court says homeowners underwater on loans can't void second mortgage in bankruptcy"
HOWEVER, this decision was issued in a Chapter 7 case. The case is entitled: Bank of America N. A. v.. Caulkett, and was issued June 1, 2015.