Bankruptcy Cannot Eliminate All Debt.

Filing for bankruptcy gets rid of most, but not all types of debt. A Chapter 13 bankruptcy can get rid of more types of debt than a Chapter 7 bankruptcy but neither is guaranteed to clear all debt. Debt that cannot be gotten rid of is called “non-dischargeable” debt. Below is a description of the most common non-dischargeable debt. Non-dischargeable Debt (for both Chapter 13 […]

Read Me Leave comment

Understanding Construction Insurance

Before getting involved with a contractor, it is important that you make sure that contractor is insured. However, the statement that a contractor is “insured” is a vague phrase and what really matters is the type of insurance and the language of the policy. Below is a brief primer: Commercial general liability insurance policy – This is the most common form of business insurance. The […]

Read Me Leave comment

Reducing Mortgages and Car Loans during Bankruptcy

Filing bankruptcy eliminates unsecured debt and can even eliminate personal responsibility for secured debts (i.e car loans and mortgages) but it cannot eliminate liens. In other words, it generally doesn’t stop a lender, who you have signed an agreement with pledging your car or house as collateral (i.e. mortgages and car loans), from selling your car or house to pay its debt. However, there are […]

Read Me Leave comment

What happens when change orders are not in writing?

Many construction contracts provide that change orders (additions or subtractions to the original construction scope) must be in writing. While it is clearly recommended that a contractor or subcontractor obtain change orders which are signed by the owner, what happens if changes aren’t in writing? Can the contractor or sub-contractor still obtain payment? Can the owner still obtain a credit? While the answers to these […]

Read Me Leave comment

Debt Limits for Chapter 13 Bankruptcy

According to section 109 of the bankruptcy code, you (or you and your spouse jointly) are generally ineligible to file a Chapter 13 Bankruptcy if your unsecured debts (i.e. credit card debt, medical bills, taxes, student loans) are more than $383,175.00 or if your secured debts (i.e. mortgages, car loans) exceed $1,149,525.00. If your debt exceeds these limits, unfortunately, the only bankruptcy that you can […]

Read Me Leave comment

What am I Required to Put in My Maryland Construction Contract?

Maryland Contractors:   Generally, if you perform work on a home or a yard and the person who lives there pays you to do the work, including an owner or a tenant (we are going to refer to those person in this article as “customers” although you may call them “homeowners”), you need to be a licensed home improvement contractor through the Maryland Home Improvement […]

Read Me Leave comment

What am I Required to Put in My Maryland Construction Contract?

Maryland Contractors: Generally, if you perform work on a home or a yard and the person who lives there pays you to do the work, including an owner or a tenant (we are going to refer to those person in this article as “customers” although you may call them “homeowners”), you need to be a licensed home improvement contractor through the Maryland Home Improvement Commission […]

Read Me Leave comment

Median Income under the Means Test: Which Chapter is Right for you?

If you are considering filing bankruptcy, it is highly recommended that you speak to an experienced attorney to discuss your options. Before doing so, it is helpful to know what chapter of bankruptcy is right for you and whether you qualify for it. There are multiple types of bankruptcies, each with their own specific processes and benefits, but the most common types for consumers are […]

Read Me Leave comment

Home builder’s plans may enjoy copyright protection

The Fourth Circuit Court of Appeals has ruled that a custom home designer and builder who brought an action against a competing builder and designer could possibly have a claim in violation of the Architectural Works Copyright Protection Act for similar plans. The designs in this case were for Centennial Style Homes in Williamsburg. The City of Williamsburg limits permissible architectural styles. The Appeals Court […]

Read Me Leave comment

Ex-Ophthalmologist cannot discharge her student loans

In a decision by Judge Brian Kenney of the Eastern district of Virginia, Bankruptcy Court, an ophthalmologist was told she could not eliminate her student loans through bankruptcy. However, the evidence established that the ophthalmologist was living in her car; she failed to show that she was able to find employment in a position other than being an ophthalmologist. They also ruled that she failed […]

Read Me Leave comment
Contact Us