How to Lose a Chapter 7 Discharge: Failure to Keep Adequate Records
Posted on February 4th, 2010
A while back I wrote an article about the importance of keeping records and receipts, as they are necessary in a bankruptcy case (see http://bklaw.com/bankruptcy-blog/2008/11/receipts-and-documentation/). This requirement was recently revisited by the 9th Circuit Court of Appeals in In re Caneva, 550 F.3d 206 (9th Cir. 2008). In that case, the court held that a debtor filing bankruptcy would be denied his discharge because he failed to maintain or preserve adequate books and records from which the Trustee in bankruptcy (and creditors) could assess the debtor’s financial condition.
This is one of the prerequisites to obtaining a discharge in a Chapter 7 case. 11 U.S.C. 7
Giant Debt Collector Law Firm Mann, Bracken Out of Business
Posted on January 17th, 2010
A number of stories have recently appeared in bankruptcy and consumer rights blogs suggesting that the Atlanta based collection firm Mann, Bracken, LLC has gone out of business. On his Caveat Emptor blog, Minnesota bankruptcy attorney Sam Glover has written several posts about the Mann, Bracken firm including one on December 22, 29 stating that the calls to the firm’s phone number instructs callers to communicate directly with their creditors. I called several numbers listed for Mann, Bracken but the calls were answered by a message that “all circuits are busy, try your call again later.”
Although based in Atlanta, Mann, Bracken has a national practice and it has apparently been growing by merging with other law firms. I found a web site called paymbw.com which purports to be a payment gateway for debtors to make electronic check or credit card payments on debts being handled by Mann, Bracken. This site notes that Mann, Bracken is the successor by merger to Wolpoff & Abramson L.L.P., and Eskanos & Adler P.C., two collection law firms well known to debtor’s lawyers.
The domain mbllc.com has a “coming soon” page and the registration information for that domain is private. I looked up the contact information for the partners. Douglas Mann’s shows him as an inactive lawyer affiliated with Mann, Bracken. Chris Bracken’s registration shows a gmail.com email address, a business address at Mann, Bracken’s location, but the space for the law firm information is blank. Two other partners – Bill Layng and Steve Knezo – are now affiliated with other law firms.
Atlanta
Wisconsin Bankruptcy Law
Posted on January 13th, 2010
Clients ask us if we practice Wisconsin Bankruptcy Law. Strictly speaking, we don’t do that. What we do is represent clients in bankruptcy law in Wisconsin.
There’s a big difference between the two.
Under our Constitution, there is just one bankruptcy law. It’s federal. In just one sentence of the Constitution, our Founding Fathers gave the United States federal government gave Congress the exclusive right to regulate both bankruptcy and immigration. That’s quite an assignment for one sentence.
Even though we practice federal bankruptcy law, Wisconsin law is still very important to our Wisconsin debtors in bankruptcy. Why? That’s because all property rights are determined by State law. In Wisconsin, unlike Illinois, you get to select whether you’d like to take advantage of Wisconsin exemptions or federal exemptions in a bankruptcy case. The federal exemptions can be very advantageous if you don’t have any equity in your house. You can then use the federal homestead exemption to protect personal property.
On the other hand, Wisconsin exemptions have just been amended to be much more liberal. So planning your bankruptcy case with reference to allowable exemptions is very important.
If you have moved into Wisconsin from another state within the past two years, other state law may decide what you get to keep. But that’s a different question for a different day.
So remember. Lakelaw practices bankruptcy law in Wisconsin. Don’t let anyone tell you that th
Guarding Against Bankruptcy For Indiana Guardsmen
Posted on January 10th, 2010
I read a lot, everything from professional journals on law, financial planning, tax, employee benefits, and education – all with an eye to providing the most up-to-date Indiana bankruptcy information and advice to my Indiana clients and blog readers. A couple of weeks ago, I read an article in the Chicago Tribune that touched on two subjects close to my heart – service members and job markets. The story highlighted Illinois guardsmen 
returning from duty and having difficulties getting back into the job market.
For the past twenty years and more, I’ve been offering Indiana bankruptcy help, as well as help with small business bankruptcy in Indiana.