PENNSYLVANIA BANKRUPTCY LAW A recent bankruptcy case from New York State, In re Addams, 564 B.R. 458 (Bankr. E.D. N.Y 2017), confirmed that it is not possible to utilize a bankruptcy case to bifurcate a home mortgage – divide it between a partially secured and...
Bouncing a check is a criminal offense in Pennsylvania. Under 18 Pa.C.S.A. Section 4105(a), “A person commits an offense if he issues or passes a check . . . knowing that it will not be honored by the drawee.” The “drawee” is the bank, credit union or other...
Occasionally I meet potential clients who, in an effort to “protect” their home or car, have transferred it to a friend or family member. Unless the transfer occurred more than 4 years prior (the applicable statute of limitations in PA), it is problematic for several...
Pennsylvania law provides certain protections for marital property. Property owned by married couples in PA – whether real estate or personal property, such as furniture and vehicles – is considered “entireties property”, which protects such property from the...
Can IRS debt be discharged in bankruptcy? We all should know that working people must file income tax returns each year. However, often times people who will OWE the IRS money decide that it is best NOT to file their return, perhaps under the theory that the IRS gods...
There are three federal judicial districts in Pennsylvania (see below for links). You can file in either: the district where you have been living for the greater part of the 180-day period before you file, or the district where you are domiciled—that is, where you...
Although you may have heard that bankruptcy can help eliminate or reduce debts, you may not be sure how it works. If you are among the many Americans struggling to pay off debt, it would be helpful to know how a bankruptcy might be of assistance. In general, there are...
Although both types of bankruptcy may potentially help with foreclosure, one may be better over another. If you have fallen behind on your mortgage, you will likely face one of the scariest possibilities that debtors can face-the loss of your home. Although the...
Chapter 7 Bankruptcy Attorneys Poconos Many people are discouraged from filing Chapter 7 because of some widely held fallacies. If you are behind on your bills, you may have considered Chapter 7, but have stopped short of filing it because you have heard several...
A totality of the circumstance test would provide more realistic test for bankruptcy discharge. One of the more vexing problems for individuals facing a bankruptcy is wondering if it do any good if they have a substantial amount of student loan debt. This type of debt...
