Lexington Law Blog

Lessons Learned the Hard Way

As an attorney primarily serving debtors, many of whom are in Chapter 13 bankruptcies, these "Lessons Learned" are quite valuable. As for the first case described, that may not be the end of the road for those debtors. Depending on how severely their income was restricted and if/when they may have received a discharge in a prior bankruptcy, a subsequent Chapter 7 may give them a fresh start. However, if they could not afford the Chapter 13, they would need to surrender the motorcycle in the Chapter 7. As for the second case discussed, I find that it is very, ...
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Miscellaneous Hot Topics in the EDKY

Most of the items in this Chapter 13 Trustee's blog post pertains mainly to your Chapter 13 attorney. However, the section about obtaining a new car while in your Chapter 13 is very pertinent to you as a Debtor. This is no longer a streamlined process. Now, you will have to have a more in-depth communication with you attorney. Also, you will need to plan on spending more time shopping around for the least expensive car that will meet your needs and a reasonable interest rate. You may think you are limited to the buy here/pay here type of car ...
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Christmas Conflict

The words Christmas and conflict really do not belong together and yet, the holidays seem to offer lots of opportunities for conflict. Family members come together, expectations run high. Time runs low. Stresses increase. It is an odd thing that the celebration of the birth of the Prince of Peace is filled with stress. Sometimes these family conflicts became entrenched somewhere along the way in such a manner that hurtful reactions are habituated. In times like that, an outside professional may be the only way to start a new, peace-filled and restful tradition of family fellowship. Mediation is not just ...
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'Tis the Season

Every year I offer just a bit of information about Christmas shopping. We all feel the push to buy nice presents for those whom we love. But, if your budget is tight and you have begun to wonder about whether you might have to file bankruptcy in the coming months, then take care. This is because debt for "luxury items" may not be part of a discharge of debt. Luxury items are defined in statute as being over a certain dollar amount. Also, debt incurred in anticipation of bankruptcy may also fail to be discharged in a bankruptcy. So, enjoy ...
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How to Choose a Bankruptcy Lawyer

Mr. Rodgers offers some great insights. Many potential clients call mainly to find out the cost and pick the least expensive provider. I would add to what John says that a person shopping for a bankruptcy attorney should also look for the degree of personal, one on one time the attorney provides in answering your questions and concerns.
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What cost peace?

Peace does have a price. The degree of peace we have experienced on our own soil as a country was paid for with the lives of soldiers in foreign battle fields. I do not mean to belittle the terrorist attacks that have occurred here, but in comparison to most other counries, we has seen relatively little carnage in our homeland. Just like on the macro scale of war, peace on the micro scale of interpesonal relationshp bears a cost as well. From my vantage point as a lawyer who has served as counsel both to families and for businesses, many are ...
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The Entrepreneurship – Bankruptcy Intersection

Entrepreneurs who launch their own small business are brave souls. I applaud them and share in their story. Launching into the practice of law with nothing rather than working for a salary or wages was risky. The common observation is that a substantial percentage of small businesses do not survive past the three year mark. Of those that do go beyond that milestone, some thrive and some limp along. The debt that usually accompanies a business start-up and the extent to which creditors will work with these business owners can determines these outcomes. In a sense, when a small business goes into ...
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Making Chapter 13 Plan Payments in the E.D. Ky. – New Online Payment Option

This will add a much appreciated and helpful payment option so that clients do not have to be concerned about checks through the mail. I do receive inquiries by clients from time to time where they are concerned that a check they mailed had not yet cleared the bank.
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