The state of Hawaii saw a dramatic increase in Chapter 7 bankruptcy filings last year. According to statistics from the U.S. Bankruptcy Court, District of Hawaii, the state saw an increase in filings of 28 percent.

In total there were 3,954 bankruptcy cases filed compared to 3,101 filed last year. Of the 3,101 cases filed, 3,078 were Chapter 7 bankruptcies, up 24 percent from last year's 2,481 cases.

In 2010 there were 853 Chapter 13 bankruptcies filed, up 42 percent from the 599 cases filed in 2009.

Although filing for bankruptcy is never an easy choice to make, it doesn't have to be as difficult as it may at first appear. Contact a qualified bankruptcy attorney now to decide whether you should file for Chapter 7 bankruptcy or if you have other options available to you. Choose a bankruptcy lawyer with a history of success that can minimize your losses, help you compile the necessary documents, file the appropriate paperwork and represent your case in court.

Planning to file for Chapter 7?  Contact us to get advice from a San Antonio bankruptcy.

High unemployment rates and depressed home prices are partly to blame for the high amount of bankruptcies filed in 2010. In total there were 1.53 million, up nine percent from 2009. This is based on information released by the National Bankruptcy Research Center and the American Bankruptcy Institute.

These numbers are the highest since the bankruptcy law was revamped in 2005; this change was intended to make it more difficult for consumers to release their debt. This law made it harder for individuals to file for Chapter 7 bankruptcy, which allows them to release their debts, and made Chapter 13 a more likely choice. In this case a repayment plan is developed with the creditors involved.

However, 3/4 of recent filers were still able to qualify for Chapter 7 bankruptcy as they were hit by underwater mortgages and long-term joblessness.

If you are considering filing for bankruptcy this year, contact aSan Antonio bankruptcy attorney now to start working on your finances.

Earlier this week it was reported that a woman from the state of Arkansas pled guilty to forging a bankruptcy judge's signature so she could move forward with purchasing a used Ford Mustang.

Allegedly, Terah M. Mamau admitted that she had forged the signature of Judge Richard Taylor.  She manufactured a fake order in order to discharge her Chapter 13 bankruptcy case so she could purchase the used vehicle.

Prosecutors say that not only was the signature fake, but the judge who she listed on the order was not overseeing her case.  In February 2009, Mamau files for Chapter 13 and Judge James G. Mixon was assigned to her case.   A year ago, Mixon dismissed the bankruptcy because Mamau failed to make required payments to her creditors. 

Now, she is facing up to five years in jail and a $250,000 fine for her offense.

Need help filing for Chapter 13 bankruptcy?  Contact us to work with a San Antonio bankruptcy attorney.

When people are considering filing for bankruptcy in the state of Texas, they often wonder why they need to enlist the services of a San Antonio bankruptcy lawyer.

While you can certainly file for Chapter 7 or Chapter 13 bankruptcy on your own, it is important to know that the legal system is comprised of importance laws, rules, and regulations. For this reason, it is very easy to make huge mistakes while filing for consumer bankruptcy. Such mistakes may lead to the denial of your bankruptcy petition or delay the process entirely.  When you choose to work with a bankruptcy attorney, you will have a legal professional on your side who understands U.S. bankruptcy and this will expedite the bankruptcy process.

Finally, as you go through bankruptcy you will have to work with your creditors, which is scary for many people. However, when you have an attorney, he or she can negotiate with your creditors on your behalf.  This often makes the process less stressful.

Contact the Malaise Law Firm to learn how we can help you file for bankruptcy with ease.

In the United States, consumers may file for chapter 13 bankruptcy if they:

§  are a U.S. resident

§  have a source of proven, regular income

§  owe less than $290,525 in unsecured debts

§  owe less than $872,550 in secured debts

Often times, people who choose to file for chapter 13 do so for two reasons.  The first reason people consider chapter 13 is because they make too much to file for chapter 7 according to the means test.   Anytime people choose to pursue bankruptcy, they must take the means test.  This test determines which type of consumer bankruptcy people may file for. 

The second reason people may choose to file for chapter 13 is because they wish to repay the debt they owe instead of simply having it discharged.  People who file for this type of bankruptcy will have 3 to 5 years to repay the debt that they owe to their creditors.

If you have additional questions about chapter 13 or bankruptcy eligibility requirements in Texas, contact the Malaise Law Firm and speak with a San Antonio bankruptcy attorney from our team.

People who choose to file for consumer bankruptcy, whether it is Chapter 7 or Chapter 13, often feel bittersweet.  That is normal and to be expected.  Anytime we have to confront our finances, it can be nerve wrecking.  However, when we don't have the financial means to pay our bills and are waist deep in debt, we must remember that filing for bankruptcy is a responsible choice. 

If you are thinking about filing for bankruptcy in San Antonio, you do not have to go through the process on your own.  Instead, work with a San Antonio bankruptcy attorney and you will receive the help you need.  Here are three ways a bankruptcy lawyer can be of assistance:

-  A bankruptcy lawyer can help you with all of your bankruptcy related paperwork and take this stress off of your plate.

-  A bankruptcy attorney can provide you with continual support so you do not feel alone or abandoned during the bankruptcy process.

-  A bankruptcy lawyer can put an end to persistent phone calls from collectors and creditors so you can focus on completing your bankruptcy without being harassed.

Contact the Malaise Law Firm to learn how we can help you!

The "Co-Debtor Stay," also known as the "Co-Debtor Automatic Stay," is a feature of a Chapter 13 Bankruptcy designed to protect a debtor by insulating him from indirect pressures from his creditors exerted through friends or relatives.  The Co-Debtor Stay stops all collection actions against any individual who is obligated on a consumer debt owed by the debtor.  The Co-Debtor Stay continues until the Chapter 13 case has concluded.

The Co-Debtor Stay is not a direct protection intended for the co-debtor.  The debtor's Chapter 13 Bankruptcy will not discharge the co-debtor's responsibilities to the creditor.  It will, however, prevent collection action by the creditor against the co-debtor (e.g. lien perfection or even adverse notation on the co-debtor's credit report) during the pendency of the Chapter 13 case. 

The Co-Debtor Stay does not prohibit collection on a debt incurred in the ordinary course of business by the debtor.  Additionally, tax debt is generally not considered a consumer debt.  It is important to note that the Co-Debtor Stay does not apply at all to Chapter 7 Bankruptcy cases.

The Co-Debtor Stay is effective immediately upon the filing of the debtor's Chapter 13 petition and continues until the case is closed, dismissed, or converted to Chapter 7 or 11.  The Bankruptcy Court can also modify or terminate the Co-Debtor Stay upon the motion of a creditor.  The creditor may be successful in this type of motion if the codebtor received "consideration" for the debt (e.g. you cosigned a car loan for your brother, who actually owns the car), if the debtor's Chapter 13 plan proposes to not pay the debt, or if the creditor's interests would be irreparably harmed by continuation of the Co-Debtor Stay.

A knowing violation of the Co-Debtor Stay is contempt of court and punishable by damages, including attorney's fees.  Any collection action taken by a creditor in violation of the co-debtor stay is void. 
The Co-Debtor Stay is a powerful tool to prevent collection action in Chapter 13 Bankruptcy.  If you are contemplating a bankruptcy filing and have co-debtors, consult with an experienced bankruptcy attorney.  An experienced bankruptcy attorney can explain your options and work with you to find the best result.