Molleur Law Blog
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Dischargeability of Taxes
Posted on 11/05/2006 at 05:23 pm | Viewed 1,545 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)
Accuracy of Property Valuation
Posted on 10/11/2006 at 12:00 am | Viewed 516 times
Bankruptcy Article #20
Hannigan v. White, 1st Circuit Court of Appeals
Decided on June 2, 2005
The First Circuit held that the bankruptcy court was entitled to determine that a debtor, who intentional undervalued his property, could not later amend his
Process of a Chapter 13 Bankruptcy Case
Posted on 09/19/2006 at 05:45 pm | Viewed 1,533 times
Bankruptcy Article #23
James Molleur
September, 2006
This article will explain, in general, the process of a Chapter 13 case in the State of Maine. There are several steps that every Chapter 13 case follows:
- The creation of the Chapter 13 plan
- The trustee
Winners and Losers under BAPCPA
Posted on 09/14/2006 at 07:30 pm | Viewed 2,931 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
Payment Demanded for Vehicle in Bankruptcy
Posted on 09/04/2006 at 05:42 pm | Viewed 958 times
Bankruptcy Article #19
Update- September 1, 2006
On September 1, 2006, the First Circuit Court of Appeals reversed the Maine Bankruptcy Court decision in Pratt v. GMAC.
This is one of the most significant decisions in consumer bankruptcy in recent years, and represents a recognition by the
How to Correct Mistakes On Your Credit Report
Posted on 08/28/2006 at 05:12 pm | Viewed 1,262 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
Foreclosure Rescue Scams
Posted on 08/12/2006 at 05:44 pm | Viewed 1,414 times
Bankruptcy Article #22
James Molleur
Aug 12, 2006
Homeowners with both fixed and adjustable rate mortgages are finding themselves in financial distress. Foreclosure rescue scammers are agressively preying upon these homeowners, causing them to lose their built up equity and their home. The scammers lead the
Disincorporations
Posted on 08/02/2006 at 05:37 pm | Viewed 1,201 times
Bankruptcy Article #15
Closely held corporations, in which there are only one or two shareholders can not file the corporation into bankruptcy unless the corporation files a Chapter 11 case. Chapter 11 bankruptcy cases are expensive. The filing fee for a Chapter 11 is $1,000 (compared to a $274 filing fee for a Chapter 13 case)
Automatic Stay Violations
Posted on 05/31/2006 at 05:34 pm | Viewed 3,083 times
Bankruptcy Article #14
11 U.S.C. Section 362 of the Bankruptcy Code, otherwise known as the "Automatic Stay" is perhaps the most well known section in the Code. The Stay comes into play in every bankruptcy case at the moment the bankruptcy petition is filed with the Court Clerk's office. Section 362(a) delineates the types of
Reorganization of a Business
Posted on 02/07/2006 at 05:39 pm | Viewed 802 times
Bankruptcy Article #16
A. Authority under Chapter 13
- Only sole proprietorships can conduct a business in Chapter 13. 11 U.S.C. Section 1304(a) provides a description of a person who is considered in business under Chapter 13:
(a) A debtor that is
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Why should you choose Molleur Law Office?
- 05/01/12 - Jim Molleur Attends 20th Annual NACBA Conference
- 03/16/12 - Chapter 13 Frequently Asked Questions
- 03/11/12 - Bopp Stark Advocates For Homeowners’ Rights To Highest Court In Maine
- 03/11/12 - Recent Bankruptcy Court/Divorce Court Decisions
- 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
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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 —certified 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 Bankruptcy 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.