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Start Fresh Today Bankruptcy Blog

Racial Disparity in the Consumer Bankruptcy System

Posted on Mon, Jan 23, 2012 @ 10:01 AM

Are African-Americans not getting the "fresh start" they deserve when filing for bankruptcy? According to a new study entitled "Race, Attorney Influence, and Bankruptcy Chapter Choice," by Jean Braucher of the University of Arizona and Dov Cohen and Robert Lawless, both of the University of Illinois, African Americans file Chapter 13 at higher rates than all other races.

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Tags: Bankruptcy News, Practicing Bankruptcy Law, General, Bankruptcy Means Test, Bankruptcy Filing

Ho, Ho, ...Hum? Make the Most of Your Holiday Downtime

Posted on Tue, Dec 13, 2011 @ 10:12 AM

You’re stuck at the office but things have slowed to a crawl. The phone’s not ringing and you’ve already updated your Facebook page. What to do?

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Tags: Practicing Bankruptcy Law, General

Surrendering Property in a Chapter 13 Plan

Posted on Wed, Dec 07, 2011 @ 10:12 AM

In the past, our firm, Acclaim Legal Services, mainly filed Chapter 13 bankruptcies to stop foreclosure sales and give borrowers the opportunity to cure outstanding mortgage arrearages. More and more, we are seeing clients choosing to surrender their property under the Chapter 13 plan due to severely declined house values. Chapter 7 may seem like the obvious choice when surrender of property is the goal, however, in many circumstances an individual may not be eligible for Chapter 7 (e.g., too much income, prior Ch. 7 within 8 years) or their overall circumstances may dictate that a Chapter 13 is more appropriate (e.g., non-exempt property exists and client seeks to avoid liquidation; substantial priority debt exists that the debtor needs an opportunity to pay as it would be non-dischargeable in Ch. 7; debtor seeks to reorganize other secured debts such as a vehicle while surrendering his or her home).

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Tags: Practicing Bankruptcy Law, General, Bankruptcy Filing

Homeland Soldiers Get Extended Bankruptcy Assistance

Posted on Thu, Dec 01, 2011 @ 10:12 AM

On November 29, H.R. 2192: National Guard and Reservist Debt Relief Act of 2011 was overwhelmingly passed in the House 407-1. The law will extend the exemption for an additional 4-year period, from the application of the means-test presumption of abuse under Chapter 7, qualifying members of reserve components of the Armed Forces and members of the National Guard who, after September 11, 2001, are called to active duty or to perform a homeland defense activity for not less than 90 days.

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Tags: Bankruptcy News, Practicing Bankruptcy Law, General, Bankruptcy Means Test, Bankruptcy Filing

Bankruptcy Code on the Go - Free

Posted on Mon, Nov 28, 2011 @ 10:11 AM

Do you have an Amazon Kindle or similar E-Reader? Maybe now’s the time to add one to your Christmas or Hanukkah list. The University of Illinois College of Law has assembled the full U.S. Bankruptcy Code from public domain government materials and it available to download as a book for free through the website creditslips.org.

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Tags: Bankruptcy News, Practicing Bankruptcy Law, General, Bankruptcy Filing

Start Fresh Today is a Hit at NACBA in Colorado Springs

Posted on Tue, Nov 01, 2011 @ 10:11 AM

Last week, Start Fresh Today made its way from the sunny beaches of South Florida to the crisp mountain air of Colorado Springs for the NACBA Fall Workshop.

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Tags: Bankruptcy News, General, SFTnews

Florida Foreclosure Process Delayed by Bankruptcy Trustees?

Posted on Tue, Oct 18, 2011 @ 10:10 AM

The real estate website MortgageOrb is reporting that a Florida provider of default legal services is sounding the alarm on a new bankruptcy practice that he says could delay the foreclosure process in the state.

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Tags: Bankruptcy News, Practicing Bankruptcy Law, General, Bankruptcy Filing

Bankruptcies Drop As Consumers Still Struggle

Posted on Wed, Oct 05, 2011 @ 10:10 AM

The September 2011 American Bankruptcy Institute report showed fewer individuals filed for bankruptcy protection in September holding back on spending, household debt and other borrowing.

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Tags: Bankruptcy News, Practicing Bankruptcy Law, General, Bankruptcy Filing, Bankruptcy and the Economy

Personal Property May Apply to Homestead Exemption

Posted on Mon, Oct 03, 2011 @ 10:10 AM

A panel of the 8th U.S. Circuit Court of Appeals has ruled the homestead exemption applies to proceeds from personal property sold with a debtor’s house unless the money was segregated from the sale or was used to pay off creditors.

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Tags: Bankruptcy News, Practicing Bankruptcy Law, General, Bankruptcy Filing

More College Grads Filing for Bankruptcy

Posted on Tue, Sep 13, 2011 @ 10:09 AM

Historically, the typical personal bankruptcy filer has been low-income and under-educated. But over the past five years, financial distress has affected more and more people with college degrees.

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Tags: Bankruptcy News, General, Bankruptcy Filing, Bankruptcy and the Economy, Bankruptcy and Student Loans

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