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Foreclosures in Omaha | What is the process?

Nebraska allows foreclosure without a court hearing! Non-judicial foreclosure laws For better or worse, Nebraska allows mortgage companies, banks and other lien holders to foreclose on real property without a court proceeding.  The authority that provides for non-judicial “mortgage” loans is found at Neb. Rev. St. § 76-1018 et seq. and is commonly referred to as […]

BEWARE of DIY or national bankruptcy offers on the Internet

Do it yourself bankruptcy companies sell your name and information to the highest bidder! I have been noticing recently that there are a bunch of new names on the Internet offering  a lower cost or “cheap” bankruptcy filing alternative.  One company pitches that you can get a bankruptcy filed with 3 Easy Steps.  Oh, really? […]

When does filing bankruptcy make sense?

The agonizing debate of whether or not to file bankruptcy Should I file bankruptcy?  Is there any other way to settle my debts without filing bankruptcy?  What are the long term affects of bankruptcy?  Or, perhaps the question should be what are the affects of not filing bankruptcy if I know that it is near […]

Divorce Property settlement wiped out in bankruptcy

Divorce Property settlements are wiped out in Chapter 13 bankruptcy Schultz versus Schultz.  Mr. and Mrs. Shultz were going through a divorce in the District Court of Buffalo County, Nebraska.  On August 30, 2011, the court enters an order that provides: To equalize the division of the property of the parties and allocation of the […]

Dishonest creditors and how they ruin lives

We all know this is happening.  Dishonest creditors that prey on the general public.  Bankruptcy is frequently the end result. Dishonest creditors are rampant.  They have always been around, but now many are trying extra hard to make up for their “lost profits” due to the economy and will pull the most despicable tricks on good and […]

Can only one spouse file bankruptcy? | Am I liable for my spouse’s debts?

Yes and maybe.  One spouse is certainly able to file bankruptcy by themselves and they may or may not be jointly liable for their debts.  Let’s break this down. Any individual person may file bankruptcy, even if they are married. There are definitely times when one spouse should file bankruptcy alone and not involve the […]

The thought of bankruptcy makes me sick. | Truth versus perception

The agony of contemplating bankruptcy.  Omaha Bankruptcy attorney shares his experiences. Understandably, the thought of filing bankruptcy makes most people very uncomfortable and, for some, physically sick.  Feelings of shame and complete failure are common.  Depression and anxiety are in full swing in many cases.  Even people that seem to have outwardly come to accept […]

Bankruptcy protected single mom with very sick child in Omaha

The following story is true. I met Julie (not her real name) about 15 years ago.  Julie was about 37 years old and she had two children, the youngest of which was 5 years old….a little girl, named Lauren.  Julie set an appointment to meet with me because she had numerous collection agencies calling her […]

Will a bankruptcy STOP a LAWSUIT or GARNISHMENT Omaha, NE?

Lawsuits 101 | Will bankruptcy stop a lawsuit or garnishment in Omaha, Nebraska? Answer:  YES, it will.  A bankruptcy will stop a lawsuit and a garnishment immediately.  Also, it is never too late to minimize the damage that the lawsuit may have already caused.  For example, even if the lawsuit is already at the judgment […]

Great source for Bankruptcy information in Nebraska

If you are seeking reliable and helpful information on the possibility of filing a bankruptcy, you owe yourself a visit to the website of the United States Bankruptcy Court for the District of Nebraska.  It is a wealth of information for beginners and professional bankruptcy attorneys.  One of the more valuable tools available on the […]

Student Loan Bankruptcy Discharge update

On October 30, 2012, the United States Bankruptcy Appellate Panel for the Eighth Circuit issued a new opinion regarding the subject of discharging student loans in a bankruptcy proceeding.  In the matter of Shaffer v. U.S. Department of Education, No. 12-601 (8th Cir. BAP Oct. 30, 2012), the Court addressed whether or not Susan M. […]

Chapter 13 Bankruptcy- A very POWERFUL legal tool

Most people, including attorneys, do not fully grasp the power of a Chapter 13 bankruptcy.  It is quite amazing how so many problems can be handled with such a bankruptcy.  Nothing else even comes close; not a Chapter 7 bankruptcy nor a Chapter 11 proceeding.   The reason a Chapter 13 bankruptcy is so powerful […]

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