Molleur Law Blog
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2009 Bankruptcy Filings Up
Posted on 01/04/2010 at 12:00 am | Viewed 795 times
According to a year-end report on the federal judiciary filed by Chief Justice Roberts, 1,402,816 bankruptcy cases were filed in 2009. This number represents 35% more cases than were filed in 2008. The most dramatic increases were seen in Chapter 7 (up 45%) and Chapter 12 (up 47%) case filings. Of additional interest is that
Phantom Expenses on Means Test
Posted on 08/29/2009 at 12:00 am | Viewed 887 times
The First Circuit Court of Appeals, in In re Rudler, recently ruled that above median income Chapter 7 debtors may take Means Test deductions for payments on debts secured by property that they intend to surrender. This issue has been hotly contested around the country with the United States Trustee taking the position that the
Unlisted Debts Not Discharged
Posted on 05/11/2009 at 12:00 am | Viewed 752 times
The First Circuit Court of Appeals recently ruled that unlisted debts remain undischarged in a no asset Chapter 7 case, in Colonial Surety Company v. Weizman, decided May 6, 2009. The First Circuit recognized that there was a difference of opinion on this issue in other circuit courts of appeal. Maine Bankruptcy Judge Haines in the
First Circuit Allows Homestead Exemption
Posted on 04/05/2009 at 12:00 am | Viewed 648 times
The First Circuit, in Stornawaye Financial Corporation v. Hill (In re Hill), decided a matter of first impression when it determined that a debtor, who had fraudulently transferred real estate to his spouse, but later had the property re-conveyed back to him before filing bankruptcy was entitled to a homestead exemption in the
BAP Reverses Bankruptcy Court
Posted on 03/19/2009 at 12:00 am | Viewed 711 times
The First Circuit Bankruptcy Appellate Panel recently reversed a decision of the Maine Bankruptcy Court in the case of In re Lumb. Lumb, represented by Joseph Goodman, Esq. of Portland, Maine, filed a Chapter 7 bankruptcy petition in 2001. After filing, a creditor, Nahabet Cimenian, threatened to sue Lumb's wife if Lumb didn't pay
Debt Consolidation Programs: Bankruptcy Can be a Better Option
Posted on 03/08/2007 at 05:51 pm | Viewed 1,404 times
Bankruptcy Article #26
March, 2007
Many people struggle for years trying to complete debt consolidation programs rather than filing bankruptcy because they think a bankruptcy will ruin their credit forever. While a bankruptcy can appear on your credit report for up to ten years, there is no
Why Choose Chapter 13 Over Chapter 7?
Posted on 11/29/2006 at 05:31 pm | Viewed 3,283 times
Bankruptcy Article #12
The #1 reason for choosing Chapter 13 bankruptcy over chapter 7 is to save your home from foreclosure.
»See the List of Nine Reasons.
- Who makes a good candidate for Chapter 13 Bankruptcy?
- Nine Reasons to file for Chapter 13
Dischargeability of Taxes
Posted on 11/05/2006 at 05:23 pm | Viewed 1,147 times
Bankruptcy Article #7
In a Chapter 7 case, Section 523 of the Code determines which tax debts are non-dischargeable. Included are:
- Taxes entitled to priority under Section 507(a). See Section 523 (a) (1) (A).
- A tax due upon filing a return, but the return is not filed. Section 523(a) (1) (B)
Winners and Losers under BAPCPA
Posted on 09/14/2006 at 07:30 pm | Viewed 2,531 times
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 altered the relationship of debtors and creditors, and even altered the relationships between creditors.
Debtors are generally losers under this major revision of the Bankruptcy Code (initially adopted in 1978, and only minimally changed over the past 27 years, until
How to Correct Mistakes On Your Credit Report
Posted on 08/28/2006 at 05:12 pm | Viewed 1,103 times
Bankruptcy Article #3
Once someone successfully completes a bankruptcy, by receiving a bankruptcy discharge, it is usually necessary to check credit reports to make sure they accurately reflect the status of each former financial obligation. It makes sense to obtain these credit reports within 3 months after receiving the
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Why should you choose Molleur Law Office?
- 01/12/12 - Sambatakos, Stark, and Hayden Become Members of Molleur Law Office
- 11/27/11 - Current on Student Loan Payments, But Having a Hard Time?
- 11/27/11 - Hayden and Stark Attend Fall Bankruptcy Conferences
- 07/24/11 - Supreme Court Restricts Bankruptcy Court Authority
- 06/06/11 - Bankruptcy Court Rules on Discharge Injunction Violation
- 02/01/11 - Supreme Court Rules on Means Test
- 01/10/11 - Comprehensive Foreclosure Defense
- 12/03/10 - Sambatakos elected to Habitat Board
- 10/22/10 - Molleur Law Office Represents Maine Homeowners in Federal Lawsuit Against First American Title Insurance Company
- 10/04/10 - Molleur Law's Efforts Lead to Halt in GMAC Foreclosures
- 10/01/10 - Maine Court Finds Affidavit Filed in Bad Faith and Vacates Summary Judgment Order in Foreclosure
- 09/02/10 - MLO Works With Habitat for Humanity
- 07/13/10 - Maine Court Foreclosure Diversion Program
- 06/28/10 - Supreme Court Decides Two Cases
- 05/31/10 - MLO Opens Portland Office
- 05/22/10 - Molleur and Sambatakos Attend NACBA
- 05/22/10 - Molleur achieves "AV" Rating
- 03/26/10 - Recent Supreme Court decisions
- 03/26/10 - Chapter 13 Debt Limits to Adjust on April 1, 2010
- 03/26/10 - The Effects of Foreclosure on Credit Score
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NOTE: Molleur Law Office cannot offer specific debt relief advice or bankruptcy representation through
online or phone communications. Contact: (207) 283-3777, or email sandra@molleurlaw.com to set-up a Debt Relief Consultation.
James F. Molleur, Tanya Sambatakos, Andrea Stark and Jennifer Hayden, bankruptcy lawyers located in Portland, ME and Biddeford, Maine —licensed in Maine as a bankruptcy specialist by the American Board of Certification. Licensed bankruptcy attorneys serving Maine and Massachussets. Molleur Law Office - James F. Molleur—Maine Debt Relief Agency and bankruptcy counseling for individuals & businesses in Biddeford, Portland, Sanford and throughout Southern Maine. Maine's only certified Consumer Law Attorney also offers assistance to prevent foreclosure, file Chapter 7, Chapter 13 and more. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.