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 […]
Does THIS Violate My Bankruptcy Discharge?
When creditors contact you after your bankruptcy, you need to know what actions violate the discharge, and which are permitted by law. Having been through the financial wringer and having been proactive to get out from under old bills, you hope for a tranquil and prosperous life after bankruptcy. When creditors violate the discharge, they […]
Six Tips For A Worry-Free Bankruptcy
What happens after filing bankruptcy ? Your bankruptcy case is filed. After you’ve assembled all the paper, after you’ve answered endless lawyer questions, and after you’ve filed all the bankruptcy schedules in your case with the court. what do you need to do now? Actually, relatively little happens after you’ve filed your bankruptcy. The heavy […]
What You Need To Know About Reaffirmation In Bankruptcy
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 […]
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 […]
4 Rules For Testifying At Your Bankruptcy Meeting of Creditors
Testifying at your bankruptcy hearing? Worried sick? 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 be a […]
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