Looking back at last month, we attorneys in the five Zuckerberg bankruptcy law offices have agreed – April was certainly all about change. With the new income guidelines issues by the U.S. Department of Labor for Indiana bankruptcy cases, all of us have been preoccupied with adjusting the numbers when helping our clients fill out their bankruptcy petitions using those new guidelines for median household income.
With the numbers higher now, that means that it is somewhat easier to qualify for Chapter 7 bankruptcy in Indiana. The other factor that comes to our attention every April is taxes. For many clients, some of their overdue back taxes have “aged” enough so that they can be discharged through filing personal bankruptcy.
One of our Columbus bankruptcy lawyers passed around an interesting article from Consumer Bankruptcy News that showed that April brings changes in other states as well, but that not every lawyer for bankruptcy is staying abreast of those changes. I thought it would be informative to share this story with my Bankruptcy in Indiana readers:
When Mary C. filed individual bankruptcy in Wisconsin, she unfortunately chose a general attorney with little experience in bankruptcy law.
This lawyer had not offered bankruptcy help for six years, and had not kept up with the changes in median income that I’ve been sharing with readers, or with any of the rules about how bankruptcy petitions need to be filed.
Mary C. had attended the mandatory credit counseling course, but the lawyer did not attach her certificate of completion to her bankruptcy petition. Because of that error, her petition was rejected.
The lawyer then filed a motion to reopen the case, submitting the certificate. This time the court found another reason to reject Mary’s petition – the certificate was not according to the newest rules (the lawyer had not kept up with the changes in regulations).
- As a result of that lawyer’s unfamiliarity with the laws, the bankruptcy court said, what should have been a routine no-assets case was “plagued with material procedural problems from the outset.”
Bankruptcy is a legal system that is constantly changing. After more than 26 years offering Indiana bankruptcy help, I still need to remain alert for changes. That’s why, for me, and for all the good bankruptcy attorneys in Indiana who work with me on personal bankruptcy and small business bankruptcy – bankruptcy is all we do!
Categorised in: Bankruptcy Indiana
This post was written by Mark Zuckerberg