Molleur Law Blog

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Means Test Ruling in Maine

Posted on 11/30/2008 at 12:00 am | Viewed 618 times

The Maine Bankruptcy Court issued a ruling on November 18, 2008 on the means test in the case of In re Coffin.  Coffin filed a Chapter 13 bankruptcy case and filed a Chapter 13 plan.  A creditor and the Chapter 13 Trustee objected to the plan on the grounds that the means test required Coffin to pay more money into his payment plan

Debt Consolidation Programs: Bankruptcy Can be a Better Option

Posted on 03/08/2007 at 05:51 pm | Viewed 1,666 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 3,857 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

Chapter 11 for Small Businesses

Posted on 11/27/2006 at 05:49 pm | Viewed 1,395 times

Bankruptcy Article #25

James Molleur
November, 2006

The purpose of this Article is to provide a basic understanding of Small Business Chapter 11 bankruptcy cases.

As with any other bankruptcy topic, the specific requirements for any particular business going through Chapter 11 can vary, but there

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:

  1. Taxes entitled to priority under Section 507(a). See Section 523 (a) (1) (A).
  2. A tax due upon filing a return, but the return is not filed. Section 523(a) (1) (B)

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

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)

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