Your Lawsuit Is an Asset: Why the Trustee Controls It After Chapter 7
Most people who file Chapter 7 understand they’ll have to disclose what they own and what they owe. What surprises them is this: if you have a legal claim against someone — even one you haven’t sued on yet — that claim becomes property of the bankruptcy estate, and the trustee, not you, decides what […]
Suing Your Government Lender in Bankruptcy Court: The Phillips Case
When your lender is the federal government, a bankruptcy case can feel lopsided. The agencies have lawyers, bureaucracies, and time. But a Middle District of Pennsylvania decision, Phillips v. USDA, shows the bankruptcy court functioning as a real forum for an individual borrower — one where the government’s early attempts to shrink the case mostly […]
Yes, the Court Reads Your Lawyer’s Bill: Two Chapter 13 Fee Decisions
Here’s something most Chapter 13 clients never see: after your lawyer does the work, the court reads the bill. Line by line. And sometimes the court cuts it — hard. Two Middle District of Pennsylvania decisions this year, In re Martir and In re Johannes, show the fee-review process in action, and they’re worth reading […]
A Creditor’s Hunch Isn’t Enough to Put Your Discharge on Hold
Waiting for your bankruptcy discharge is stressful enough. Now imagine a creditor asking the court to keep the discharge window open longer because it thinks you might have done something wrong — no proof, just a suspicion it wants time to chase. In a Middle District of Pennsylvania case decided this year, In re Iacovazzi, […]
Debts Built on Lies Survive Bankruptcy: The Middle District’s Beller Decision
“Will all of my debts go away?” It’s the first question in almost every bankruptcy consultation, and the honest answer is: most of them, but not all of them. One of the oldest exceptions is for debts obtained by fraud — and the Middle District of Pennsylvania’s most recent written opinion, decided just last month, […]
Good Faith Is Not Optional: A Chapter 13 Case Dismissed With a Two-Year Filing Bar
Bankruptcy law has a phrase for the people it’s built to protect: the “honest but unfortunate debtor.” If you’re honest, the system is remarkably forgiving. If you’re not, the consequences can follow you for years — and a Middle District of Pennsylvania decision, In re Plevyak, is about as clear an illustration as you’ll find […]
Your Mortgage Company Can’t Block You From Amending Your Bankruptcy Schedules
Something not enough bankruptcy filers are told: the paperwork you file at the start of your case is not set in stone. If you discover something later — an asset you forgot, a debt you missed, or, as in a recent Middle District of Pennsylvania case, a legal claim you didn’t know you had — […]
Keeping Your Car in Chapter 7 by Paying Its Value: What the Bowman Case Teaches
Here’s a question I get from Chapter 7 clients all the time: “I owe way more on my car than it’s worth. Can I just pay the lender what the car is actually worth and keep it?” The law gives you that tool — it’s called redemption, under 11 U.S.C. § 722. But a decision […]
Medical Debt Is Back on Credit Reports: What Pennsylvania Patients Need to Know
A couple of years ago, it looked like medical debt was about to disappear from credit reports for good. A federal rule was written, the credit bureaus had already pulled back on their own, and a lot of Pennsylvania patients assumed the problem was solved. It wasn’t. The rule is gone, the court fight over […]
Student Loans in Bankruptcy in 2026: The Federal Discharge Path Is Still Open
Ask most people — including, until recently, most lawyers — whether student loans can be discharged in bankruptcy, and you’ll get a flat “no.” That answer was never quite the whole story, and since late 2022 it has been materially wrong for federal loans. The federal discharge process created then is still open and operating […]
