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... on payments to the trustee or an unexpected claim will cause the plan to run longer than 60 months. In such a case, the trustee will file a motion to dismiss and the debtor and counsel will have an opportunity to propose a cure to the delinquency ... the remaining delinquency paid to the trustee over time. What happens if the proposed cure is not feasible for the debtor? In such a case, the judge would sustain the trustee's motion to dismiss or the debtor would not oppose the motion. Either way, the ...

... good money on bad loans. In this instance, the homeowner's attorney saw that the lender was becoming frustrated early in the foreclosure case. The homeowner's attorney made the following offer: the homeowner would drop defenses to foreclosure; in exchange, the lender ... in foreclosure and make their case a more difficult for the lender often get enough leverage in their case to negotiate a release from liability. posted by Jonathan Alper, asset protection and bankruptcy attorney, Orlando, Florida

... can protect non-exempt assets from existing creditors by converting the assets for the purchase or improvement of Florida homestead. The Havoco case permitted an exception to homestead protection where funds invested from the property came from fraud or other egregious circumstances. In ... fraudulent or egregious conduct other than the conduct of fraudulent conversion of the same money into the debtor's homestead. posted by Jonathan Alper, asset protection and bankruptcy attorney, Orlando, Florida.

... are diagnosed each year with melanoma and about 8,000 die from the disease. The Semsker family was represented by Norfolk attorney, Jonathan L. Thornton, Esq., of the law firm Pierce & Thornton, PLC, and Patrick A. Malone, Esq., of ... during a six year period, but there was a total breakdown in communication between his physicians," stated the Semskers' attorney, Jonathan Thornton. In September, 2004, Mr. Semsker was seen by Dr. Michael Albert for examination of painful boils on his upper ...

... be held back a grade due to his problems the first year being diagnosed. Would he possibly qualify at all for disability benefits. Jonathan Ginsberg's response: In order to win a child disability case, you will need to show that your child meets a Listing. The Listings for children are different than the Listings for adults. You can review the childhood disability listings by clicking on the link. The ...

... does not kick in for a month, the debtor must make up the difference. In at least 70% of my cases, the Chapter 13 plan payroll deduction does not kick in right away. For ... plan, they would have to keep their plan current. After putting all of the case information together, I determined that the plan payment needed to be $1,200 per month. I ... . If there is no funding the trustees will not be very cooperative. Chapter 13 cases are becoming more and more difficult to get approved. If funding is not an ...

... to withhold a designated amount of money from the employee's paycheck and to send it to the Chapter 13 trustee. Statistically, cases filed with a payroll deduction Order are two to three times as likely to be confirmed. Chapter 13 debtors, quite understandably, ... or testimony from a co-worker or supervisor. Realize as well that the time spent by your lawyer waiting for your case to be called at the confirmation hearing is billable time. Although your attorney's fees will be paid through your plan ...

... Injury Law blog entitled "When Facebook Isn't a Friend to Your Personal Injury Case." Jim correctly points out that the default privacy setting on Facebook is essentially "no privacy" ... was approved several months ago. Imagine, however, that the judge who was assigned to her case came across this profile during his hearing preparation. Might he get a different ... I have no way of knowing if they do now, but I would not potentially put my case at risk unnecessarily. Remember, too that most disability ...

... client with a longstanding cardiac disease complicated by decreased kidney function and diabetes. Like many of the cardiac disease cases that I try, there were three viable theories of disability that could apply: (1) a listing argument; (2) ... from the bodies of patients with congestive heart failure. Many of my clients are surprised to learn that I often win cases on the work performance problem of needing to go to the restroom several times an hour. Although excess restroom breaks don't sound ...

As all Chapter 13 debtor attorneys know, trustee objections in Chapter 13 cases are much more common and much more extensive. Recently, I sat down with ... 's counsel and the debtor to file a payroll deduction Order to fund the Chapter 13 case. Today, I continue the series by discussing another more common objection having to do ... -petition mortgage payments - if you are buying a house, your Chapter 13 case will most likely provide that your on-going mortgage payments are to be made directly starting ...