One of the first questions a bankruptcy trustee will ask you at the hearing in your bankruptcy case is: did you read the schedules before you signed them? The obvious, and expected, answer is YES. And if your answer is “yes”, then the trustee can conclude that you stand behind the information that the schedules […]
What You Need To Know About Reaffirmation
Decisions, decisions. Are you going to reaffirm the car loan? Your bankruptcy filing requires that you state your intentions about reaffirmation right up front. Translated, that means what are you going to do about the car after bankruptcy. The car on which you still owe money and need to get to work. In the midst […]
Three Reasons To Divorce Your Bank Before Bankruptcy
Banks do funny things when a customer files bankruptcy. Only many are not so funny. Whether your relationship with your bank has been good or not, there may be grounds for divorce before you file your bankruptcy case. Or at least consider whether there are grounds for a separation. Set off Your bank owes you […]
It’s Who You Owe In Bankruptcy
WHO to list in your bankruptcy case is a question I hear lots. My response: bankruptcy is all about WHO you owe, not so much about HOW MUCH you owe, when you file. WHO, WHO, WHO. Which is why one of the most important tasks in filing bankruptcy is to write down everyone you owe […]
Inclusion in Bankruptcy Doesn’t Equal “Discharged”
Convincing clients that all of their debts must be included in bankruptcy is one of the hardest parts of being a bankruptcy lawyer. The struggle often seems Herculean. Sometimes, they will tell me they don’t want to include their car loan in the case because they “need the car”. Sometimes I find the student loan payment […]
How To Exclude A Debt From Your Bankruptcy Discharge
Some debts you may want to carve out of your bankruptcy discharge. Debts that for one reason or another, you really WANT to pay after your bankruptcy. I get it. There are ways to properly exclude a debt from discharge and ways to screw it up. The first way that folks try is simple, and […]
Does My Bankruptcy Lawyer Need To Be From My City?
If you’re inclined pull up a map application to find a bankruptcy lawyer, I gotta ask: is proximity really the most important factor? Not by a mile. You want an experienced, local lawyer, but “local” means active before the judges in the federal judicial district where you live. It doesn’t mean having an office around […]
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 […]
When Can I File Bankruptcy Again
Remember the old high school cheer: two, four, six, eight, who do we appreciate? Turns out, that’s not just a cheer, it’s shorthand for the rule on when you can file bankruptcy again. And it points out that when you can file again depends on what kind of bankruptcy you filed last time. Here’s how […]
4 Rules For Testifying At Your Bankruptcy Hearing
Going to court for your first meeting of creditors? What are they going to ask me?, you wonder. My bankruptcy clients imagine a quiz on the contents of their bankruptcy papers. Or worse, an inquisition on why they needed to file bankruptcy. That’s not likely. The first meeting of creditors is much more likely to […]
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