Every client filing bankruptcy asks that question: how long will bankruptcy take? Probably, the real question is “when will this be over?” Like so many questions in the law, the answer is “it depends.” From filing bankruptcy to discharge In a Chapter 7, filing to discharge is about four months; in Chapter 13 it’s three […]
What Happens To Liens In Bankruptcy?
While most liens survive a bankruptcy discharge, some liens get wiped out. Think of mortgages, tax liens, and judgment liens. Each of them is a lien, but some get different treatment in bankruptcy. Some liens can even be reduced or eliminated . Lien basics A lien gives the creditor holding the lien an interest in […]
Chapter 13 Keeps You In Control
You can’t decide between bankruptcy chapters until you really understand how Chapter 13 works to keep you in control. Control of your assets, control of your payment plan, control of who gets paid. You want to be at the helm of your case. Chapter 13 can do that. Chapter 13 protects more than assets Chapter […]
The Real Rules To Sell Stuff Before Bankruptcy
Thinking about filing bankruptcy? Need cash? Folk wisdom supplies many “rules” about the period leading up to actually filing bankruptcy: Don’t sell anything Don’t pay anyone Don’t make any money This kind of thinking will have you frozen in time and space like this insect in amber. Only, this folk “wisdom” is all wrong. Here’s […]
When Can I File Bankruptcy Again
You can file bankruptcy tomorrow, so long as you don’t currently have a bankruptcy case pending. When you can get a discharge in that case is a different story. The Bankruptcy Code limits the frequency of getting a discharge, not the filing and completion of the bankruptcy case. My friend Gene Melchionne wrote a marvelous […]
Bankruptcy Alphabet: R is for Retirement
In my bankruptcy alphabet, R stands for Retirement. Retirement plans and IRA’s are safe in whatever chapter of bankruptcy you file. Your rights in an employer’s pension plan or a union pension plan are not even part of the property of your bankruptcy estate. The Supreme Court held almost 20 years ago that ERISA qualified […]
What To Disclose In Bankruptcy Papers
If the headline drew you in, like the Geico gecko, you can complain you’ve been duped. There’s no decision involved: in bankruptcy papers, you disclose everything. Period. Disclosure is the price of the bankruptcy discharge. Shortchange the system by leaving out inconvenient facts and you risk both the omitted asset and the discharge. Understand the […]
Bankruptcy Alphabet: O Is For Omitted
O stands for Omitted in my Bankruptcy Alphabet. Whether it’s creditors or assets that are left out, omissions can create trouble in a bankruptcy filing. So, O could also stand for Oops. When creditors are left out Omitted creditors usually create problems only for the person filing the bankruptcy. Bankruptcy works on notice, and, at […]
What Debts Were Discharged In My Bankruptcy?
After your bankruptcy, one of the hardest questions is figuring out just which debts were discharged. Eliminating debts was the whole point of filing bankruptcy. You’ve got a court order, but no list. You and your creditors understandably expect to find a single document telling them what debts are no longer enforceable and which survive the bankruptcy. No such […]
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