In my bankruptcy alphabet, T stands for Tension. I’m not talking so much about the tension the person filing bankruptcy feels, though that is real and not to be discounted. I’m talking about the tension in the law that balances the interests of creditors with the interests of debtors. Bankruptcy law in the US recognizes […]
Bankruptcy Alphabet: C is for Counseling
Counseling, delivered by an approved provider, before the bankruptcy case is filed, is required. Fail to get counseling and your case will be dismissed. That’s my “C” word in the bankruptcy alphabet. Prebankruptcy counseling is supposed to insert an objective third party between the beleaguered individual who needs relief and the greedy lawyer who, according […]
Bankruptcy Alphabet: D is for Discharge
“D” is for discharge in my bankruptcy alphabet. Getting a discharge of debts is the goal of most bankruptcies. The discharge is the court order, issued at the conclusion of a case, that wipes out the filer’s personal liability for most debts that existed when he began the case. Not everything is discharged. The Bankruptcy […]
Bankruptcy Alphabet: F is for First
In my Bankruptcy Alphabet, F is for First meeting of creditors. Lots of rumors exist about the first meeting; it garners a level of notoriety that it cannot sustain on closer look. Let’s check it out. The first meeting of creditors is often the only time a debtor has to appear in public in connection […]
Bankruptcy Alphabet: Y is for Yoke
Y, in my Bankruptcy Alphabet, stands for Yoke. Debt is a yoke around the neck of a person. It keeps him harnessed to the weight of past financial decisions and, sometimes, to events over which he had no control. There are times in life when the right course is to put your shoulder to […]
Bankruptcy Alphabet: L is for Life
In my bankruptcy alphabet, L is for the Life you can get back when you get rid of your debts. My bankruptcy clients are often simply consumed by managing their debts. There is no room for rest, savings, dreaming. Life has become the struggle to make the next round of payments. L could also be […]
Bankruptcy Alphabet: S is for Strip
S is for Strip in my Bankruptcy Alphabet. Bankruptcy lawyers delight in stripping liens from people’s homes. In any chapter of bankruptcy, a debtor can void judgment liens that have attached to assets that would otherwise be exempt. In Chapter 13, tax liens and other statutory liens can be stripped off the asset if there […]
Bankruptcy Alphabet: Z is for Zillion
In my bankruptcy alphabet, Z is for zillion. Zillion is a real word but a made-up number. For certain, it’s lots and lots. It takes a zillion pieces of information, it seems, to file a bankruptcy case. Your last six months of income, business expenses, unemployment benefits. Your last three years of income from work […]
Bankruptcy Alphabet: X is for OEX
I had to stretch, I admit, for X in my Bankruptcy Alphabet. An OEX under California debtor/creditor law is an Order Of Examination that is issued when a creditor has a judgment. It’s a tool for the creditor to find and collect his money. The OEX allows the judgment creditor to eXamine the judgment debtor […]
Bankruptcy Alphabet: W is for Wait
W is for Wait in my Bankruptcy Alphabet. As in “Wait! Wait! Don’t file yet.” Sometimes, the bankruptcy journey begins, not with a mad dash to the courthouse, but with a short wait. Having made the decision to get out of debt, why would you wait? Many reasons, most of which revolve around how much […]
