What is a lien avoidance and why is it important? I recently passed my sixth year as a practicing bankruptcy attorney. Over these years my experience has impacted my advice to clients. One of my first memorable experiences involved a powerful tool under the bankruptcy code is known as “lien avoidance.” Basically, “lien avoidance” is…
For starters, do we even need to mention that bankruptcy isn’t for everyone? Let’s get this out of the way first: Nobody wants to file bankruptcy if they don’t have to. Quite the contrary is true based on my personal observation as a bankruptcy attorney in Omaha for the last 24 plus years. But, sometimes…
Taking action is hard. Sometimes, simply ignoring the growing pile of bills or avoiding the endless phone calls seems easier than facing what might be inside the envelope or who might be on the other end of the phone line. But, merely ignoring debt problems won’t make them magically disappear. In reality, ignoring unpaid bills…
Of all the trials the American people face, perhaps none is more troubling than the financial difficulties brought on by the rising costs of consumer goods and services such as health care. The state of the economy changes every day, which naturally results in fluctuating prices for certain products, but in recent years the concern…
As of March 5, 2013, over 4,700 lawsuits have been filed in the County Court of Douglas County, Nebraska for 2013 alone! That averages out to be 104.4 new lawsuits every business day. And, that’s just in Douglas County. In Sarpy County, Nebraska , approximately 981 new lawsuits were filed in 2013 in the County Court…
Can I protect the equity in my house in Nebraska if I file bankruptcy? Normally, the answer is yes, up to $60,000. But, not everyone qualifies for this exemption. Nebraska Bankruptcy Homestead Exemption The bankruptcy homestead exemption law in Nebraska is geared toward protecting families and people 65 years of age or older. Thus, if…
Millions of Americans are facing a student loan debt crisis. The young, in particular, have collectively been robbed and cheated of a bright economic future by crushing amounts of student loan balances. Out of desperation for a solution, more and more people are wondering if bankruptcy could deal with this problem. Unfortunately, in most cases,…
Paying back loans and debts owed to family members is extremely important to most people. But, if you really care about them, please don’t pay them back before you file bankruptcy! Paying back family loans before bankruptcy causes problems for them. As the saying goes, no good deed goes unpunished. This is especially true when you…
Few areas of consumer bankruptcy law cause more confusion and frustration than the issue of an inheritance. Part of this reason is likely due to the fact that a loved one has recently died and this was their money and is was intended for me! There is a natural and strong feeling of a bond between…
Every year, around the time that tax refunds start coming in, there are a lot of unnecessary tears shed at bankruptcy hearings in Omaha and Council Bluffs. Why? Because there is a limit on what can be protected under the exemption laws of every state. Nebraska and Iowa have different levels of protection. All tax…
Declare bankruptcy in one easy step! If you have every wondered what it meant to “Declare Bankruptcy,” this YouTube clip from The Office will provide you with a unique perspective! Well, if life could be so simple and easy as that! Very funny stuff. Ok, how to I really declare bankruptcy in Omaha? It’s not that…
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?…
Should I file bankruptcy? Is there any other way to settle my debts without filing bankruptcy? What are the long term effects of bankruptcy? Or, perhaps the question should be what are the effects of not filing bankruptcy if I know that it is near impossible to pay my creditors back? Bankruptcy should not be…
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 indebtedness to be paid, the court finds that a judgment…
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 agony of contemplating bankruptcy 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 their need for bankruptcy still have…
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 whom was 5 years old little girl, named Lauren. Julie set an appointment to meet with me because she had numerous collection agencies calling her…
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….