Gogel & Gogel

Is a “debt buyer” suing you?

Gogel — Tue, 21 Feb 2012 12:16:50 +0000

Unfortunately, in this economy it is familiar story. You have a credit card or two that you could no longer afford to pay, using common sense; you paid your mortgage and bought groceries for your family instead. Now the sheriff is at your door with a summons and complaint. But who is suing [...]

Refund anticipation loans; a high cost solution to a short-term problem.

Gogel — Tue, 14 Feb 2012 14:24:41 +0000

This time of year I am sure many of you have heard or seen information concerning the availability of “refund anticipation loans”. One national tax preparation chain has people standing outside in the cold dressed like the Statute of Liberty holding signs advertising these loans.

Should you apply of one? The [...]

What Happens To Your Tax Refunds in a Bankruptcy Case

Gogel — Tue, 07 Feb 2012 21:52:46 +0000

Why all the talk about the bankruptcy “means test” these days?

Gogel — Tue, 31 Jan 2012 21:41:13 +0000

When Congress “reformed” the Bankruptcy Code in 2005, they thought is was a problem that people who could afford to pay something to creditors were filing liquidation cases under Chapter 7 and paying nothing. The solution? Adopt an arbitrary income cutoff for Chapter 7 cases.

The arbitrary income cutoff the Congress [...]

Can I obtain a new loan while in bankruptcy?

Gogel — Fri, 27 Jan 2012 20:21:53 +0000

Often individuals in Chapter 13 Bankruptcy ask if they can take on new debt during the years they are under a Plan of Reorganization. Either the car lease is up or a mortgage modification would help improve the cash flow. You can incur new debt in Chapter 13 but you have to ask [...]

The Return of Debtor Prison? What not to ignore in a civil collection case.

Gogel — Tue, 17 Jan 2012 11:17:42 +0000

I have recently heard tales in the media of the return of “debtor prisons”. The stories involve the arrest of a debtor based on a failure to pay a debt. On their face the stories are true but avoidable. A review of the civil judgment collection process is required by way of explanation.

There is lots of talk about expiring tax cuts; Bush tax cuts, payroll tax cuts but there is an expiring tax provision no one seems to be talking about, the tax provision that exempts unpaid mortgage arrears on primary residences that are subject to foreclosure or a short sale.

One of [...]

The Foreclosure Mess

Gogel — Sat, 17 Dec 2011 14:55:55 +0000

The Massachusetts Supreme Judicial Court gets the foreclosure fraud problem and has strongly stated that parties filing foreclosure actions must have title to the mortgages they attempt to foreclose and must be able to prove that the chain of title supports that assertion. It is a new day in Massachusetts and dawn is spreading across [...]

The Anatomy of a Chapter 13 Bankruptcy Reorganization Case

Gogel — Sat, 17 Dec 2011 02:17:48 +0000

Recently a client asked if they could pick and choose which creditors to pay in a Chapter 13 case. In a word, “no”. The majority of my clients file Chapter 13 petitions. These cases can be complex but there are some general rules that can be explained. A Chapter 13 bankruptcy plan needs to be [...]

Welcome to the new Gogel & Gogel!

Gogel — Fri, 16 Dec 2011 15:23:42 +0000

Hi! Welcome to our all new website. We’ve spent some time working on this and hope you enjoy it. With our new website come the introduction of our blog! We’ll be giving you posts related to bankruptcy, employment law, litigation and more. Have any questions or concern, go to our Contact Us page and shoot [...]