Dismissed and discharged. In a bankruptcy case, these two terms are at the opposite ends of the scale of results in bankruptcy. Yet they are often confused. A discharge is a win! The bankruptcy discharge order wipes out your personal legal liability to pay a debt. A dismissal is usually a loss. It means the […]
Search Results for: dismiss or discharge
Chapter 13 Dismissed After All Payments Are Made: Self Inflicted Wounds
There’s been a rash of bullet-ridden feet lately in Chapter 13 cases. Debtors seem to whip out their pistols and shoot themselves in the foot with increasing regularity. Just when their goal of keeping the house was within reach, had they paid attention, they lose it all. It happens when debtors don’t hold up their […]
No House, No Discharge When Chapter 13 Goes Off Script
Sound the alarm. What began as a trickle of Chapter 13 cases ending badly has become a torrent. More and more, bankruptcy judges are strictly enforcing the direct pay term of Chapter 13 plans: If your plan says you will pay your on-going mortgage payments directly, and you don’t pay as promised, the judge […]
Bankruptcy Without A Discharge: Why Chapter 20 Works
What does a Chapter 13 bankruptcy get you if it doesn’t get you a discharge? Lots, actually. It’s complicated. Powerful, but complicated. Let’s see how all the parts interact when your Chapter 13 is filed before you’re eligible for a discharge. Law limits discharge The bankruptcy code doesn’t limit when you can file bankruptcy; it […]
What T-Boz Missed When Chapter 13 Dismissed
T-Boz Watkins got her Chapter 13 case tossed out of court for not following the rules of Chapter 13 bankruptcy. While Jay Fleischman at ConsumerHelpCentral laid down the law, so to speak, in listing the rules, he didn’t remind us why they are worth following. Chapter 13 bankruptcy: better than sliced bread […]
When You Can’t Make Your Chapter 13 Payments
When your wallet’s as flat as this tire and you can’t make your Chapter 13 plan payments, what do you do? Chapter 13 promised a chance to reorganize, keep what’s important, and get out of a financial hole. But it just isn’t working. What now? In good lawyer style, I’ve got to tell you: it […]
Bankruptcy Schedules Are More Than Just Paperwork
Bankruptcy paperwork can make you feel like you are drowning in paper. There’s your paper; there’s the paper your lawyer needs. And there’s the paper the court insists on. Why bankruptcy schedules worth the work It’s easy to try to skate. To cut corners. To shut down. But that paper is critical. Nearly every question, […]
10 Things Every Attorney Should Know About Bankruptcy
Looking around the pandemic-ravaged economy, the financial distress is palpable. It doesn’t take a crystal ball to know that debt-ridden small business people and just plain consumers will soon be looking for relief from untenable balance sheets. So, what should every lawyer know about bankruptcy, regardless of the focus of their practice? Here’s my list […]
Is Bankruptcy In Your Future?
Tough economic times make us think about escape by filing bankruptcy. Bankruptcy offers a straight forward, predictable and immediate solution. But to get full measure of bankruptcy relief, you need to know which problems bankruptcy solves and when the time is best to file. Which problems bankruptcy solves Bankruptcy deals with debt, with the outflow […]
Right To Support When Your Ex Files Bankruptcy
Outrage is the usual reaction when a former spouse who owes you child support or alimony files bankruptcy. It reinforces all those less-than-flattering thoughts you harbor about your ex. But maybe that’s not the right reaction for two reasons, one old, one new. One is old: support debts can’t be wiped out in bankruptcy. The second […]
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