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. St. John, Bankruptcy Judge for the Eastern District of Virginia; Rebecca B. Connelly, Chapter 13 Trustee for the Western District of Virginia, Robert V. Roussos, a Norfolk, Virginia bankruptcy attorney, and Professor of Law Emeritus Joseph Ulrich, from Washington and Lee University School of Law.

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 the forgiveness of debts.

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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 a row where Mr. Weiss has been honored by this selection.

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 a horrible dilemma. People file because overwhelming majorities have had horrible things happen to them, and now we have to say, ‘Well, you might not be able to fix things if you continue to tithe.’”

Read the NACBA press release on the Diagostino decision.

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 2006.

Maryland cases showed a similar increase, rising from 4,395 during the first six months of 2006 to 6,221 during the first six months 0f 2007, an increase of 42%.

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, as will creditor’s attorney Alan Hochheiser, Esquire. Maryland Chapter 13 Trustee Gerard Vetter will be moderating.

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 her been a debtor under this title…solely because such debtor is or has been a debtor under this title or has not paid a debt that is dischargeable in a case under this title.” In other words, if you’re fired solely because you filed for bankruptcy, your employer is breaking the law, and you can sue for losses and damages.

(This is a different question from whether you can be fired if your employer files for bankruptcy, as New Century workers found out.)

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 who took out student loans out during and after filing for bankruptcy relief, and they didn’t run into any problems. The question of whether you can discharge your student loan in bankruptcy is another story.

I often get a call from a potential client asking whether they can file for bankruptcy just on their medical bills, and not include their credit cards or other debts.

The short answer is that they can file, but not just on their medical bills. The slight longer answer explains why.

Continue reading about filing for bankruptcy with medical bills on the Bankruptcy Law Network.

On May 5, 2007, Brett Weiss will be participating in the 2007 Bankruptcy Bar Association annual convention in Annapolis, Maryland. Following up on his 2006 participation on a panel discussing “Selected Issues in Consumer Bankruptcy Cases Under BAPCPA,” this year Mr. Weiss will be addressing “Means Testing and U.S. Trustee Audits” on a panel moderated by Bankruptcy Judge Robert G. Mayer, with fellow panelists Assistant United States Trustee Mark A. Neal and United States Trustee Trial Attorney Lynn A. Kohen.