A lot has been written about the virtues and benefits of debt settlement vs. bankruptcy to deal with unmanageable debt. As a bankruptcy attorney serving clients in Omaha, Nebraska for 31 years, I’ve participated in helping lots of people permanently fix their debt problems. I know …
The Bankruptcy Blog
How Much Does it Cost to File Bankruptcy in Omaha, Nebraska?
In 2021, for the average person or couple filing a Chapter 7 bankruptcy in Omaha, Nebraska is around $1,750. On the lower end, the total cost may only be around $1,500 while a more involved case might be closer to $2,000 or perhaps a bit more. These amounts only apply to relatively …
What is the Bankruptcy “Means Test”?
As a bankruptcy attorney in Omaha, I frequently get questions about the "Means Test" by people who have spent a considerable amount of time on the Internet. I actually really enjoy these technical questions because we can jump right into the little nuances of the bankruptcy means …
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 bankruptcy. Nothing else even comes close; not a Chapter 7 bankruptcy nor a Chapter 11 proceeding. The reason a Chapter 13 …
What is the Foreclosure Process in Nebraska?
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 …
How Can I Afford Bankruptcy if I’m Broke?
Bankruptcy is affordable and offers lasting protection if carefully planned. It's the classic Chicken and the Egg problem. I need to file for bankruptcy but I can't afford to file. It's just too expensive. I need a cheap and affordable option. Chapter 13 is sometimes the best …
Business Bankruptcy Options in Omaha
What is Business Bankruptcy? Business bankruptcy is a topic frequently misunderstood. Sometimes, a corporate bankruptcy filing is what is meant. In other words, the corporation itself files bankruptcy, not the individuals that own the corporation. Corporations may generally file a …
Looking for a Cheap Bankruptcy Lawyer? Do Your Research!
If you need legal advice concerning financial problems and specifically with possibly filing bankruptcy, you naturally want to get it done as cheap (and as good) as possible. In the world of Amazon, Facebook, and Google, many of us spend a lot of time doing research to find the …
Bankruptcy During Coronavirus – Prepare Now
Of course, even when times were good by comparison, many families and businesses were just barely making it month to month. Now that a worldwide economic crisis is upon us, it is obvious that millions of people and businesses will not be able to economically survive with the …
Bankruptcy, Anxiety, and What to Expect
Anxiety is the worst. I have it. You have it. We all have it to some degree or another and none of us like it too much. Ok, so anxiety has its good quality: it is meant to keep you alive. That is a perk. Thank you, Anxiety. I appreciate that. But let's face it, for something that is …
5 Things Everyone Should Know Before Considering Chapter 7 Bankruptcy
Sometimes bankruptcy is a good decision. Sometimes it is not going to help you at all. Most of the time when a person thinks of bankruptcy they think of a Chapter 7 bankruptcy. This is, in a nutshell, when a trustee will essentially take a person's assets (if any) and use the proceeds …
Scary New Trend on Wiping Out Tax Debt in Bankruptcy
The 2005 Bankruptcy Act is causing trouble in certain discharge of income tax cases On October 17, 2005, the Bankruptcy Abuse Prevention and Consumer Protection Act ("BAPCPA") became fully effective as the law of the land. This bankruptcy law update made enormous changes to people …
Wells Fargo Gets Hammered!
Wells Fargo Bank violates discharge order in Omaha and gets nailed by Nebraska Bankruptcy Court for sanctions Wells Fargo Bank wouldn't just leave it alone. Kevin and Amanda Hebner filed a bankruptcy in the United States Bankruptcy Court for the District of Nebraska on or about …
Private Student Loans Barred by the Statute of Limitations
My last two blogs have focused on wiping out student loan debt. The first blog, Wiping out Student Loans in Bankruptcy is Difficult discussed the general guidelines to obtain a discharge of a student loan in a bankruptcy proceeding. In general, it is a very challenging and …
Can You Wipe Out Private Student Loans in Bankruptcy?
A few weeks back, I blogged about how it was very difficult to wipe out a student loan in bankruptcy. Everything mentioned in that blog still applies, including the fact that obtaining student loan debt relief in bankruptcy is very difficult. Now the question presented is whether …
Wiping Out Student Loans in Bankruptcy is Difficult
It's a very tough situation. Very, very tough. Getting rid of student loan debt in bankruptcy is a serious challenge but not necessarily impossible. In a decision filed on October 27, 2014, the Bankruptcy Appellate Panel for the 8th Circuit Court of Appeals denied a bankruptcy …
Inherited IRAs Are Not Exempt in Bankruptcy
On June 12, 2014, the United States Supreme Court ruled that an individual that owns an inherited IRA may not protect or exempt the same if they file bankruptcy. In the case of Clark v. Rameker, Trustee, the Debtors in bankruptcy attempted to exempt approximately $300,000 from an …
Bankruptcy Homestead Exemption Updated in Nebraska
Nebraska Legislature expands protection of the homestead exemptions, but other bills fail to pass. Previously, certain individuals could not protect the equity in their house if they encountered financial trouble in Nebraska. (Please see my earlier bankruptcy exemption blog from …