Recent Blog Posts
How my Childhood Bully Created Yesner Law (or Why I Do What I Do)
Growing up, I dealt with books and homework, tests, and band practice. Mostly, I dealt with a bully. He was not just any bully – he was my bully and he tormented me non-stop for 9 years over a 12-year period of my life. Some of the tamer things that he would do: wrap… Read More »
Buying a New Car in Chapter 13 Reorganization Bankruptcy
Our first blog of 2018 answers a listener question: “How can I buy a new car if I’m currently in a Chapter 13 bankruptcy?” The answer is that your purchase must be approved by the Chapter 13 Trustee and the Court, and it depends on a few factors. Do you currently make a car… Read More »
The Benefits of Settlement
Settlement: To conclude by agreement between the parties (as defined by the dictionary). Almost daily, I counsel my clients on settlement – should we attempt settlement, offer settlement, counter the opposing side’s offers, or reject the settlement outright. Unfortunately, most see settlement as a weakness, but settlement of a dispute can bring benefits. Most… Read More »
Why Title Insurance?
One question we get often is “Should I buy Title Insurance when I buy my new house?” Without hesitation, the answer is “YES” 100% of the time. Title insurance is exactly what it sounds like – insurance that your title to the house is clear. In other words, no one is going to claim… Read More »
Three Myths About Chapter 13 Bankruptcy
What is a Chapter 13 Bankruptcy? What do I need to know? What are some common misconceptions about Chapter 13 Bankruptcy? Last week’s blog post described four myths about Chapter 7 liquidation bankruptcy. Continuing that trend, this week’s blog contains three myths about a Chapter 13 reorganization, or payment plan, bankruptcy. The first… Read More »
Chapter 7 Myths
Many times when consulting with clients, the majority of the consultation is spent dispelling myths about bankruptcy. We’ve collected some of the most common and want to use this form to dispel some of those myths. You can also visit our YouTube page, and The Crushing Debt Podcast for additional related content. First is that… Read More »
Can I sell my house when I have an IRS lien?
Federal tax liens can be enforced against homestead property. However, in my experience, the IRS will not enforce a lien against a property with a purchase money mortgage (where the homeowner uses the loan to buy the house). If the IRS is first to be recorded first in time (like against a second mortgage… Read More »
How Does Bankruptcy Impact the Sale of a Home
When the real estate market crashed, we had clients who wanted to both sell their home and file bankruptcy and the timing of those two events was important. Today, we get the question less often, but in more cases, the house has some equity (the value of the house exceeds the amount owed to… Read More »
What is the Means Test in Bankruptcy Court?
The “Means Test” is one of the most confusing things about the bankruptcy process, and there is an art to completing it properly. The Means Test is what we use to determine whether a debtor can file or must file Chapter 7 or Chapter 13 Bankruptcy. Basically, the means test compares the borrowers annual… Read More »
Can You File Bankruptcy Without an Attorney?
As I’ve said many times, bankruptcy is a great tool to eliminate debt and give you a fresh financial start. One question I get asked often: “If I have to file bankruptcy, then I probably can’t afford an attorney, so can I do this on my own?” Great question, which I would answer ,… Read More »
