Sep 27
Attorneys have many obligations to their clients. Chiefly, an attorney is expected to represent a client honestly, zealously, and independently. Conflicts do not occur very often for attorneys who represent debtors in consumer bankruptcy cases. However, a conflict between an attorney and bankruptcy client can arise when the attorney is owed attorney fees.
Individual Chapter 7 bankruptcy debtors are typically required to pay three different fees before or at the time the bankruptcy case is filed: a fee for the pre-bankruptcy credit counseling class; the bankruptcy court filing fee, and attorney fees. Unlike Chapter 13 cases where attorney fees may be paid over time after the case is filed, an attorney representing a Chapter 7 debtor must receive any attorney fees before the case is filed. This is because any debt incurred before the case is filed is subject to the bankruptcy discharge. This means that any fees that you may owe your attorney can be discharged. Additionally, your bankruptcy filing prohibits all creditors from attempting to collect on a pre-bankruptcy debt.
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Tags: Attorney, Attorney Fees
Sep 26
As a Boston bankruptcy lawyer who writes a bankruptcy blog, http://www.bostonbankruptcylawyerblog.com, to keep our Massachusetts bankruptcy clients appraised of the news and trends in bankruptcy law, we have come upon a fascinating new study we like to report on. The extensive research report looked at the changes in the demographics of personal bankruptcy filers since 2005 in the attempt to answer the following question: What does the person who filed for bankruptcy this year look like in comparison with those five years ago? The report was a topic of a blog post by bankruptcy attorney Richard Olson, of Perkins Olson, who practices commercial law in Portland, Maine.
The 2010 Annual Consumer Bankruptcy Demographics Report was published this month by the Institute for Financial Literacy, a non-profit with a goal of providing financial education and counseling. The report is intended to give a perspective of the five years following the new bankruptcy law, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, which went into effect in October of 2005. The wealth of data “does not lend itself to drawing final conclusions,” but identifies issues and serve a basis for discussion among academic and consumer forums like our bankruptcy blog.
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Tags: Bankruptcy, Boston Bankruptcy
Sep 25
The New Orleans rapper, Percy “Master P,” is now facing bankruptcy after he was sued by former employees.
Miller was sued for compensation by members of a crew for the film “Uncle P.” Miller is now in the U.S. Bankruptcy Court for failing to pay the judgment.
Although Miller was said to be worth at least $661 million, the lawsuit that settled with him paying $240,000 in restitution has sent him into bankruptcy. Miller previously filed for bankruptcy in 2003 and in a child support hearing, he claimed that his monthly income was $1,387.
Tags: Employees, Former Employees, Master P
Sep 24
Never before have living people been honored on postage stamps, but that is is all going to change now that the federal government has changed its guidelines, effective immediately. They are eliminating their rule that stamps are not allowed to feature living people. The rule originally had a 10 year waiting period for anyone considered but that was eventually lowered to five years in 2007, so this is a welcome change. Former presidents were the only exception as they were honored the year after their death.
The elimination of the rule opens up many possibilities as the popularity of pop culture has been increasing steadily over the years. It also gets the U.S. Postal Service in the news and supplies them with extra cash, both of which are good considering its financial state. It is hemorrhaging money and there is no end in sight.
Among the people that they will consider, American writers, artists, musicians and sports stars are all at the top of the list. The Postal Service feels this is a good way to engage their future potential customers and give stamp collecting a boost in the new age.
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Tags: Living
Sep 24
A judge in Milwaukee County recently ruled that We Energies is not required to refrain from disconnecting Chapter 128 filers power. A sudden and dramatic increase in Chapter 128 petitions in Milwaukee County prompted the energy provider to ask the court whether or not they were required to continue providing power to Chapter 128 filers.
Previously, We Energies would restore power and refrain from disconnecting power to delinquent customers who had filed for Chapter 128. From January to August of this year, already 3,292 people filed Chapter 128 petitions in Milwaukee County. In 2009, a total of just over 1,000 people filed Chapter 128 petitions in the county.
Circuit Judge William Pocan ruled that disconnecting utilities does not qualify as an execution, attachment or garnishment prevented under Chapter 128 laws.
If you are seeking legal assistance with filing a Chapter 128 petition, contact the Milwaukee Chapter 128 debt relief lawyers of DeLadurantey Law Office, LLC at 414-377-0518 to speak with one of our experienced Chapter 128 attorneys.
Tags: 128, Chapter 128