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Bankruptcy Law Blog

Sunday, March 26, 2017

How Many Times Can You File For Bankruptcy?


How Many Times Can You File For Bankruptcy?

During the recent presidential campaign, now-President Trump’s multiple bankruptcies were discussed quite a few times. He made it clear that he has never filed for personal bankruptcy, but that he has been more than happy to take advantage of the bankruptcy laws when his businesses were in trouble. In fact, Trump-owned businesses have filed for bankruptcy four times.

When the news started to spread that Trump’s businesses had filed for bankruptcy more than once, several people reached out to our firm and asked if filing for bankruptcy multiple times was something “normal people,” aka not billionaires, could do. The short answer is yes, you can file for bankruptcy as many times as you need to.
Read more . . .


Saturday, March 11, 2017

If Your College Closed, You May Not Have To Repay Your Student Loans


It is generally true that education is a good way to better your job prospects and your future, but that is not always the case. Over the past few years it has become clear that some colleges are more concerned with making money than helping their students get a good education. Students who attend these sorts of schools end up with a degree that is worth less than the paper it is printed on, and a mountain of student loan debt.  

Student loan debt typically cannot be forgiven even if the debtor files for Read more . . .


Sunday, February 26, 2017

Supreme Court To Decide Debt Collection Case With Alabama Roots


Debt collectors are some of the most-hated folks on the face of the earth. People like them even less than lawyers, which is saying something. Unlike lawyers, debt collectors deserve their rotten reputation. They aren’t out to help anyone but themselves as they pester, threaten, and sweet talk people into paying off debt that in some cases is no longer collectable.

The highest court in the land, the United States Supreme Court, has actually taken up a case that centers around expired credit card debt that a debt collector attempted to get an Alabama woman to pay back when she filed for bankruptcy.


Read more . . .


Friday, February 17, 2017

Think You Are The Only One Filing Bankruptcy? Think Again.

Sometimes the people that come into my office are embarrassed. They think everyone else in the world has things figured out, but they are a huge screw-up because things are not going great for them. The truth is 26,269 bankruptcy cases were filed in Alabama last year, meaning there are a heck of a lot of people in our state going through hard times right now. In fact, Alabama is actually doing worse than the rest of the nation when it comes to bankruptcies.



Read more . . .


Monday, January 23, 2017

Are Attorney Fees Dischargeable in Bankruptcies?


Everyone files for bankruptcy with different overwhelming financial obligations looming over their heads. Sometimes, those obligations include legal fees. Ideally, particularly with a Chapter 7 bankruptcy, all debts will be wiped out, or at least reduced in a Chapter 13 bankruptcy. Unfortunately, some obligations will remain including certain legal fees. Generally speaking, unsecured legal fees are fully dischargeable in a Chapter 7 bankruptcy, just like any other unsecured debt.


Read more . . .


Tuesday, January 17, 2017

Are Attorney’s Fees Dischargeable in an Alabama Bankruptcy?


Is bankruptcy the right choice for me if I owe significant attorney’s fees?

Many Americans today are burdened by debt.  An estimated eight out of 10 Americans are in debt, some seriously, with debts ranging from mortgages, unpaid credit card balances, student loans, car loans, and attorney’s fees, among other expenses.  Attorneys, particularly family law and divorce attorneys, can charge hefty fees.  Your legal fee debt could mount rapidly during a divorce or other legal matter.  You may find yourself wondering whether attorney’s fees are dischargeable in bankruptcy.


Read more . . .


Monday, December 26, 2016

Auto Accident Settlement Funds Belong to Bankruptcy Estate


 What happens to unexpected cash infusions during bankruptcy? 

Anyone who has experienced a financial crunch has wished that a money tree would suddenly pop up in his or her yard. Sometimes this can actually happen, figuratively speaking of course, and we feel like we’ve got some room to breathe. Unfortunately, if this money tree sprouts closely before or after a bankruptcy, it may be your creditors that get to harvest the bounty.

A Read more . . .


Tuesday, December 13, 2016

Florida debt counselor owes $100M, files bankruptcy


Many Americans facing tough financial situations look for someone to turn to that they can trust to help them get into a better financial position. Unfortunately for many, the people they turn to end up making things worse.

Just this month Florida businessman Timothy McCallan, a so-called “debt counselor” is facing a $107 million judgment from an Alabama bankruptcy court. The judgment stems from McCallan’s involvement with a company called Allegro, which was shut down by a judge six years ago due to fraud. Not only is McCallan facing this judgment, he also spent some time in jail for committing fraud on the court.


Read more . . .


Monday, November 21, 2016

Why do credit card applications get rejected? It's not the reasons you think.


How can you rebuild your credit after bankruptcy?

People often wonder, “what’s next” after filing for bankruptcy. It’s a valid question after hitting that financial reset button. The short answer is: rebuild.


Read more . . .


Tuesday, November 15, 2016

11th Circuit Decides - Bankruptcy Homeowners Cannot Surrender Residence in Bankruptcy and Later Fight Lender’s Foreclosure


What are your options when faced with losing your home in bankruptcy?

The 11th Circuit Court for the Southern District of Florida decided this past month that debtors who surrender their residence in bankruptcy under 11 U.


Read more . . .


Monday, October 31, 2016

Debt-Relief Phone Scam Targets Alabama Consumers


How can you spot a debt collection scam?

Living with debt you can’t afford to make payments on is stressful. Constant phone calls can cause additional tension and anxiety that you don’t need.  It doesn’t help when disreputable people try to capitalize on your situation to try and scam you out of more money. Unfortunately, this happens on a regular basis.

Fake Attorney General Investigations Division

Alabama Attorney General Luther Strange has recently warned residents of new phone scams popping up in the state.


Read more . . .


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Padgett and Robertson assist clients with Bankruptcy, Personal Bankruptcy, Consumer Bankruptcy, Chapter 7 Bankruptcy, Chapter 13 Bankruptcy and The New Bankruptcy Law in Mobile, Alabama and throughout southern Alabama. Alabama State Bar Association Regulations require the following: "No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers." 11 U.S.C. 528 of the U.S. Bankruptcy Code requires the following: "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.”



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Alabama State Bar Association Regulations require the following: "No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers." 11 U.S.C. 528 of the U.S. Bankruptcy Code requires the following: "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.”