Friday, June 19, 2009
Wednesday, June 17, 2009
Tuesday, June 16, 2009
In this podcast, Christopher Missick discusses the topic of violations that consumers may knowingly, or unwittingly take part in. His discussion includes issues such as who counts as an insider, what a preferential transfer involves, and what the consequences of such violations are.
As always, this does not constitute legal advice or create an attorney client relationship. If you have questions, you can find us at MissickLaw.com.
Saturday, June 13, 2009
Blurb Radio, the popular internet radio show that is part of the BlogTalkRadio.com network, has named Begin Again their Book of the Week, meaning the shows hosts will interview Christopher Missick on their June 17, 2009 program.
Blurb has a unique and exciting format. Authors are permitted to submit a short 3 minute blurb on their book, identifying the substance and the credentials of the author. The show regularly features nationally known authors, and to have chosen Begin Again as one of their titles, is a true honor.
Wednesday, June 10, 2009
I want to thank CreditCards.com and Erica Sandberg for the quote in today's article:
For confirmation of this, I asked Los Angeles attorney Christopher Missick, author of the consumer bankruptcy book "Begin Again," to comment on your situation. "Of course, it varies based upon what state you live in," says Missick, "but generally, there is no legal obligation to assume the debt of a deceased loved one, if in fact, you were never a party to that debt. The only recourse the creditor may have is to seek payment from the estate. As the executor of the estate, there will be a responsibility to settle the debts of the estate and distribute the assets accordingly. A violation of the fiduciary duty as executor may lead to other legal issues, but generally, she shouldn't worry about inheriting credit debt."
Behind the Book Begin Again
In this episode, Christopher Missick talks a little bit about why he wrote the book, and what he sees as the benefit for readers. After so many podcasts that discuss the elements of bankruptcy, we thought it was important to go behind the book, and have Chris talk about the family bankruptcy that led him to want to help others in extreme financial distress.
Tuesday, June 9, 2009
In response to a listener question about the meanings of some of the words used in the podcasts and the bankruptcy podcasts, I have decided to record a single podcast just on the definitions of some of the most frequently used words in bankruptcy.
This podcast is for the auditory learners out there, the ones who get frustrated by reading things on a screen and would much rather hear the definitions. It's probably the longest podcast I've recorded, and unless you are constantly wondering what a creditor is, or who is an insider, it might feel kind of long. It is important, nonetheless, to make sure everyone understands the basics of the "language of bankruptcy."
The terms are selected and read from a glossary located at: http://www.uscourts.gov/bankruptcycourts/bankruptcybasics/glossary.html
Friday, June 5, 2009
The Means Test
Continuing in our series on the Bankruptcy Code changes, implemented in 2005, Christopher Missick spends a few minutes in this podcast addressing the implementation of the means test. He explores what it is, why the credit card lobby fought to have it included, and whether the impact on debtors was as bad as we all first assumed it would be.
As always, this does not constitute legal advice or an attorney client relationship. Please contact the offices of the Missick Law Group at firstname.lastname@example.org with questions.
Hi Everyone! Just wanted to let you know we have been doing some exciting things over on our YouTube channel. We're taking some of the same issues involved in the podcast, and giving you a chance to hear Christopher Missick address them directly on camera. Feel free to head on over to: http://www.youtube.com/user/cmissick.
As always, if you have questions, please e-mail us at email@example.com.
Tuesday, June 2, 2009
What is BAPCA?
On October 17, 2005, the Bankruptcy Abuse Prevention and Consumer Protection Act became law, and the processes for filing for bankruptcy changed dramatically. This podcast is just a brief introduction to the adoption of BAPCA, and begins a short series of looking at what changes were implemented with the legislation.
Thursday, May 28, 2009
Privacy Issues In Bankruptcy
Will everyone find out I filed for bankruptcy? This question seems to be asked of every bankruptcy attorney when they first meet with a client that is unfamiliar with the process. In this episode, I tackle the question and provide a little insight as to how you may want to handle the issue of talking about your bankruptcy.
"As always, these podcasts to don constitute legal advice and no attorney client relationship is formed between the listener and Christopher Missick. These podcasts are merely a conversion on a legal issues related to a bankruptcy filing, and are a public service of Christopher Missick."
Tuesday, May 26, 2009
As you can see, I've posted a series of podcasts here. Many more are in preparation, and most of them are based largely on my recently completed book, Begin Again.
Begin Again is a sort of inspirational guide for those most hurt in todays economy. Throughout the book, I explain how my own families' experience with bankruptcy ultimately led me to become a bankruptcy attorney. I also try and inform my clients as well as the general reader, about the process of consumer bankruptcy.
These are difficult times we live in. No one wants to file for bankruptcy, but sometimes, it is the best decision you can make for yourself and your family.
Household Names In Bankruptcy
Even though this seems to be one of the favorite subjects for bankruptcy attorneys to trot out to make their clients feel better, I do believe it is important to discuss just how many inspirational people have faced financial situations so dire they were pushed to file for bankruptcy.
This short podcasts explores this subject and drops some famous names you might be surprised were forced to Begin Again.
Fortunately, bankruptcy does not mean that you are going to lose everything you have, even though a Chapter 7 is referred to as a liquidation.
Over the course of this podcast, I discuss what an exemption is, and how they are applied. As an attorney in California, this podcast is a little California heavy. Exemptions can be complicated, since each state has the opportunity to adopt its own standards, and as a result, there is no one size fits all discussion. I do try and parse out what an exemption is however, and how they apply to bankruptcy. That in itself may be helpful and interesting to anyone outside of California.
Chapter 13 Bankruptcy
Although not nearly as common as a Chapter 7, Chapter 13 offers an alternative to debtors seeking relief and protection in bankruptcy. Chapter 13, or the Wage Earners Plan, provides for a payment plan over 3-5 years.
In this podcast, I explore not only what a Chapter 13 entails, but also discuss what a chapter 13 plan is and what is required of one in order for it to be approved.
Seniors and Bankruptcy
In a companion piece to my discussion on recent college graduates deciding to file bankruptcy, here, I discuss the drastically increasing number of senior citizens that are filing bankruptcy. Between medical expenses and other financial hardships, seniors are in a terrible position in the midst of this current recession.
With so many students leaving college and entering a workforce without adequate employment options, the burden of hefty non-dischargeable student loans, combined with heavy credit card debt, has left an entire generation of millenials and late members of Gen X terrified at their financial prospects.
Even though bankruptcy is not an ideal way to begin your working professional life, sometimes it just makes sense to consider a bankruptcy filing shortly after college, when your credit card debt is high and your income is low. That's the point of the discussion in this podcast.
Just because bankruptcy provides consumers a way to get rid of a great deal amount of consumer debt, there are exceptions as to what kinds of debt may be discharged. In this episode, I discuss those debts which are deemed non-dischargeable, and some that I classify as rarely-dischargeable.
The Chapter 7 Bankruptcy Process
In this podcast, I try and make the entire process of filing a Chapter 7 bankruptcy a little more clear. It's really designed to provide an overview of what a Chapter 7 filing entails, how to prepare and what to expect.