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I am already listed as a volunteer under "Collections Law," but actually I am a bankruptcy lawyer. I am a member of bar in California and in Massachusetts and have practiced in bankruptcy since 1978 and have also taught bankruptcy law at the law school level (in Maine and Oregon). I can answers questions with respect to all bankruptcy chapters, having represented creditors, debtors, trustees, creditors committees, and persons involved in defending actions in bankruptcy court.

Experience in the area

See above. Basically, 33 years of experience.


inactive member of State Bar of California; inactive member of bar in Massachusetts; former member of bar in Maine; former conseil juridique in France.


California Bankruptcy Law Review; Georgetown Law Journal; numerous others. See my resume.


Harvard Law School, J.D.; Pomona College, B.A.

Awards and Honors

Superlawyer in Northern California, 2005 and 2006

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Will03/16/14101010Very well explained Potential problems That can .....
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Recent Answers from Michael T. Hertz

2016-09-26 Chapter 7- do I lose my nest egg:

The short answer is that a lot depends on the homestead and exemption laws of the state you live in.  But the longer answer is that usually the homestead is the most generous part of the exemption laws

2016-06-03 chapter 7:

It depends on the likely value of the house.  Take the value of the house and subtract what is owing on it.  Subtract the amount of the homestead  you are allowed under state.  Subtract the likely selling

2015-01-02 Student loans:

You should probably read this web posting:    Basically, your mother should write to the creditor and advise that she is on social security.  Yes, they can sue her for her

2014-11-22 Private Student Loans:

They cannot garnish you without getting a judgment.  If they have a judgment, they can garnish and do not need to send you a formal documents before acting.  The loan is not easily discharged in bankruptcy

2014-11-08 Chapter 13 Bankruptcy:

If you completed your first Chapter 13 plan and received a discharge, the court erased your debts. You paid your creditors over a three to five year period with your disposable income in a plan overseen


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