“That woman filed a claim in our bankruptcy case, and we don’t owe her any money!” The next line, or paragraph really, of my client’s email asked what was I, her bankruptcy lawyer, going to do about it. The short answer was nothing. Nada. Not a thing. I didn’t plan to do anything. Because when […]
Automatic Stay Has Exceptions: It Doesn’t Stop Everything
The automatic stay is the signature feature of American bankruptcy. Just by filing a bankruptcy case, a federal court injunction instantly prohibits your creditors from actions to collect a debt from you or your assets. But, there’s a whole list of actions that aren’t included in the stay. We forget that some kinds of lawsuits […]
How Much Should You Pay To Get Out Of Debt?
Shop for a bankruptcy lawyer, and you’ll end up wondering what bankruptcy should cost. When you’re flat broke and under pressure, cheaper sure looks better. If a lawyer will do your Chapter 7 for $600, what’s the point of paying $1000? Or even $2000? Like answers to many legal questions, it depends. Bankruptcy relief depends on […]
Bankruptcy Alphabet: Q is for Questions
The letter Q stands for Questions in my bankruptcy alphabet. Like the storied Light Brigade, “stormed at with shot and shell” , we in bankruptcy are peppered with questions, not cannons. Those considering bankruptcy have the profound questions:will bankruptcy improve my situation? what will I give up to get a bankruptcy discharge? what is life […]
V Is For Value In Bankruptcy Alphabet
The Letter V is for Value in my bankruptcy alphabet. The value of one’s assets drives exemptions and the question of what you get to keep through bankruptcy. The value of your assets that are subject to liens also determines whether you can void liens on those assets. I’m fond of saying that bankruptcy […]
Your Bankruptcy Discharge Doesn’t End Your Case
Isn’t my case over? I got my discharge. Why’s the bankruptcy trustee still hounding me?, my client asks. People who’ve filed bankruptcy are focused on the discharge as their goal. With their discharge in hand, they think it’s all over. They lose sight of the fact that the administration of a bankruptcy estate by the trustee runs on a parallel track […]
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 […]
How To Spend Money Before Filing Bankruptcy
Trying to spend down cash before filing bankruptcy? It’s time to talk about the float. Not the root beer float, though that would be more fun. The bank “float”: the period between writing a check and it clearing your bank. (We’ll talk about what to spend on before filing bankruptcy, too). When you file bankruptcy, […]
Pay Off Credit Cards Without Interest And Be Debt Free
The sixtyish client sitting in my office had assets worth 10 times his credit card debt. What could bankruptcy possibly do for someone who was solvent? His problem was liquidity and an income that was certain to decline in the next few years. His generous disability income would end at 65, leaving him with only […]
Six Tips For A Worry-Free Bankruptcy
Your bankruptcy case is filed. But what happens after your bankruptcy 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. […]
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