Categories
Can I Keep My Car in Bankruptcy?
By: John Lee One of the questions I hear the most as a Bankruptcy attorney is, “Can I keep my car in bankruptcy?” To which I reply, “Most of the time you can keep your car in bankruptcy.” There are several factors to consider when determining if one can keep their car...
Virginia’s Outdated Homestead Exemption
By John Lee In 1977, Virginia increased their Homestead Exemption from $3,500.0 to $5,000.00. Thirty-Seven years later, in 2014, the Homestead Exemption is still only $5,000.00. Five thousand dollars in 1977 would have the same buying power as $19,637.52 in 2014...
Debtor’s Right to Certain Exemptions
U.S. Supreme Court Decision: Law v. Siegel, Chapter 7 Trustee By John Lee On March 4, 2014, the U.S. Supreme Court decided that a Bankruptcy Court could not surcharge a debtor’s properly-claimed exemption in property for the Chapter 7 Trustee’s administrative...
How Anti-Terrorism Laws Have Gone Too Far
By John W. Lee Start a fire to burn brush on your own property and get charged as a Terrorist. In the case Hammond v. United States of America, the defendant has appealed to the U.S. Supreme Court in hopes of having the Court answer two pressing questions. First, when...
Cell Phone Searches Require a Warrant
By John Lee Can police search my cell phone when they arrest me? Almost everyone knows the Government monitors cell phones, texts, emails and computer usage to some degree. We all know that the Government can obtain a search warrant for our computers and can...
Surrendered Property in Bankruptcy
By John Lee Homeowner’s fees, taxes and maintenance on surrendered property in Bankruptcy: After the real estate values plummeted a few years ago we began seeing more and more debtors filing a bankruptcy and more surrendered property to the mortgage...
What a DIY Bankruptcy Could Cost You
By Timothy Douglass Trying to do your own bankruptcy could cost you thousands of dollars more than if you hired an attorney to prepare it for you. For someone considering bankruptcy, it is tempting to do your own bankruptcy. After all, most people in need of a...
The Trustee’s Power – Part 3
The Trustee's Power to Sell the Debtor's House over validly Perfected Homestead Exemption (Part Three) By: John Lee This is the third installment in my three part series on Trustee's Avoiding Powers and Homestead exemptions. If you have not read parts one and...
The Trustee’s Power – Part 2
The Trustee's Power to Sell the Debtor's House when Fully Encumbered by Perfected Liens (Part Two) By: John Lee In Reeves v. Callaway the Fourth Circuit Court of Appeals ruled that a Trustee can sell the debtor's real property even though it is fully encumbered by...
How DIY Divorce Can Cost You Thousands
When it Comes to Separation Agreements, How Doing it Yourself Can Cost You Thousands By Daniel Miller In my domestic practice, I have seen people get in trouble when they try to get by without an attorney. I want to discuss one particular situation as a warning to...
Categories
Can I Keep My Car in Bankruptcy?
By: John Lee One of the questions I hear the most as a Bankruptcy attorney is, “Can I keep my car in bankruptcy?” To which I reply, “Most of the time you can keep your car in bankruptcy.” There are several factors to consider when determining if one can keep their car...
Virginia’s Outdated Homestead Exemption
By John Lee In 1977, Virginia increased their Homestead Exemption from $3,500.0 to $5,000.00. Thirty-Seven years later, in 2014, the Homestead Exemption is still only $5,000.00. Five thousand dollars in 1977 would have the same buying power as $19,637.52 in 2014...
Debtor’s Right to Certain Exemptions
U.S. Supreme Court Decision: Law v. Siegel, Chapter 7 Trustee By John Lee On March 4, 2014, the U.S. Supreme Court decided that a Bankruptcy Court could not surcharge a debtor’s properly-claimed exemption in property for the Chapter 7 Trustee’s administrative...
How Anti-Terrorism Laws Have Gone Too Far
By John W. Lee Start a fire to burn brush on your own property and get charged as a Terrorist. In the case Hammond v. United States of America, the defendant has appealed to the U.S. Supreme Court in hopes of having the Court answer two pressing questions. First, when...
Cell Phone Searches Require a Warrant
By John Lee Can police search my cell phone when they arrest me? Almost everyone knows the Government monitors cell phones, texts, emails and computer usage to some degree. We all know that the Government can obtain a search warrant for our computers and can...
Surrendered Property in Bankruptcy
By John Lee Homeowner’s fees, taxes and maintenance on surrendered property in Bankruptcy: After the real estate values plummeted a few years ago we began seeing more and more debtors filing a bankruptcy and more surrendered property to the mortgage...
What a DIY Bankruptcy Could Cost You
By Timothy Douglass Trying to do your own bankruptcy could cost you thousands of dollars more than if you hired an attorney to prepare it for you. For someone considering bankruptcy, it is tempting to do your own bankruptcy. After all, most people in need of a...
The Trustee’s Power – Part 3
The Trustee's Power to Sell the Debtor's House over validly Perfected Homestead Exemption (Part Three) By: John Lee This is the third installment in my three part series on Trustee's Avoiding Powers and Homestead exemptions. If you have not read parts one and...
The Trustee’s Power – Part 2
The Trustee's Power to Sell the Debtor's House when Fully Encumbered by Perfected Liens (Part Two) By: John Lee In Reeves v. Callaway the Fourth Circuit Court of Appeals ruled that a Trustee can sell the debtor's real property even though it is fully encumbered by...
How DIY Divorce Can Cost You Thousands
When it Comes to Separation Agreements, How Doing it Yourself Can Cost You Thousands By Daniel Miller In my domestic practice, I have seen people get in trouble when they try to get by without an attorney. I want to discuss one particular situation as a warning to...