The Bankruptcy Setoff

The setoff is an obscure legal provision most often applied in civil lawsuits.  But in the context of consumer bankruptcy, it allows a moneylender to seize funds out of a consumer’s bank account. There are many situations in which the setoff may apply, but the most...

The Automatic Stay

When you tell your dog to “stay”, a well-trained dog will immediately stop moving.  Imagine that you are the bankruptcy court and that your creditors are dogs. The moment you file your Chapter 7 or Chapter 13 bankruptcy, the automatic stay goes into effect.  Any...

What Is Chapter 13?

In 2011 there were nearly one million applications for bankruptcy protection.  Yet the notion persists that bankruptcy is an embarrassing process that will ruin any opportunity for financial well-being. Chapter 13 bankruptcy, often called the “wage-earner plan” or...

The Chapter 13 Trustee

“God and I are not equals; I can’t bring a case against him.   We’ll never enter a courtroom as peers.  How I wish we had an arbitrator to step in and let me get on with life. . .to free me from this terror so I could breathe again.”-Job 9:32-34...

The Fuller Company

You don’t too often see a Sunbeam anymore You never see a Fuller Brush Man or a dinosaur The voice of reason rules with an iron fist Please forgive me if I’m not prepared to handle this   –          “Fuller Brush Man” by James McMurtry   Our economy is...