Author Archive

New Decision On Bankruptcy for People Living Outside the United States »

The Honorable Nancy V. Alquist, a Judge on the United States Bankruptcy Court for the District of Maryland, entered a ruling on September 28, 2007 in an important case I argued, In re Baker. This case deals with international bankruptcy at the individual level—it lets people living outside the United States file for bankruptcy in […]

Brett Weiss to Lecture and co-Chair Advanced Consumer Bankruptcy Institute »

On November 29, 2007, Brett Weiss will lecture and co-Chair the MICPEL Advanced Consumer Bankruptcy Institute, a full-day session to be held in Columbia, Maryland. Mr. Weiss will appear on two panels, Chapter 11 for Individuals (with the Honorable Thomas J. Catliota, , Assistant U.S. trustee Mark A. Neal, Stanton J. Levinson, Esquire and James […]

Brett Weiss to Lecture at the 22nd Annual Mid-Atlantic Institute on Bankruptcy and Reorganization Practice »

On September 28, 2007, Mr. Weiss will be a speaker at the 22nd Annual Mid-Atlantic Institute on Bankruptcy and Reorganization Practice in Charlottesville, Virginia. The topic for discussion is “What Lies Beneath the Surface: Frightening Issues in Chapters 7 and 13 Cases.” Mr. Weiss will be participating on a panel with the Honorable Stephen C. […]

The Sabbatical Year and the Forgiveness of Debts »

Tonight, September 12, 2007, marks the beginning of the Jewish new year of 5768. Unless you’re Jewish, this probably doesn’t mean a lot to you. But it is an important year, for 5768 is is a Shemitah (literally, “release,” but commonly known as the Sabbatical) year. Part of the observance of the Sabbatical year includes […]

Brett Weiss is Selected as a 2008 Super Lawyer »

Brett Weiss was selected as a 2008 Super Lawyer for Maryland and the District of Columbia. The selection procedure includes peer nomination (with ballots mailed to 21,000 Maryland lawyers), and a blue ribbon panel review process. Less than 5% of lawyers in the state and District receive this honor. This is the second year in […]

Brett Weiss is Quoted in bankrate.com Article on Bankruptcy Tithing Decision »

Brett Weiss is quoted in the article, “Bankruptcy Law Forbids Tithing, Charitable Donations” on the business site www.bankrate.com. This article discussed New York Bankruptcy Judge Robert Littlefield, Jr.’s August 28, 2006 opinion in In re Diagostino finding that tithes were not allowable deductions on the Means Test. Weiss said that, “The ruling puts consumers in […]

Bankruptcy Filings in Maryland Up By 42% »

Bankruptcies filed during the first six months of 2007 were up 48 percent over the same period in 2006, according to data released on August 16 by the Administrative Office of the U.S. Courts. Total filings were 404,090 during the first six months of 2007 compared to 272,604 cases filed over the same period in […]

Brett Weiss to Speak at the National Association of Chapter 13 Trustees Convention »

On August 8, 2007, Mr. Weiss will be a speaker on a panel discussing the topic, “Plan Modifications—Do the Trustee and Creditors Get Another Bite at the Income Apple?” at the National Association of Chapter 13 Trustees convention in Baltimore, Maryland. The Chief Judge of the Maryland Bankruptcy Court, Duncan W. Keir, will be participating, […]

Can I Be Fired if I File for Bankruptcy? »

One question I am often asked is whether someone can be fired if they file for bankruptcy. The short answer is, “No.” The Bankruptcy Code contains specific protections for people who file. Section 525(b)() says, “No private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or […]

Will I Lose My Student Loans if I File for Bankruptcy? »

One question I’m often asked is whether someone loses the ability to get student loans if they file for bankruptcy. The short answer is, “No.” Section 525(c)(1) of the Bankruptcy Code specifically states that a student loan, grant, guarantee or insurance cannot be denied to someone because they filed for bankruptcy. I’ve had many clients […]