What Are Your Options If a Creditor Attempts to Collect on a Debt That Has Been Discharged? If you successfully make it through the Chapter 7 bankruptcy process, the bankruptcy court will issue an order discharging certain debts in exchange for the sale of some of your property. A discharge means that you no longer have any legal obligation to … [Read more...]
What Happens If a Creditor Attempts to Collect on a Debt that Has Been Discharged?
January 17, 2019 by Leave a Comment
When a Creditor Tries to Collect on a Debt that Has Been Discharged
December 31, 2018 by Leave a Comment
Your Rights When a Creditor Ignores a Bankruptcy Order When you successfully file a Chapter 7 bankruptcy petition, you'll be able to permanently absolve yourself from financial responsibility for any debts included in the filing. But what happens if you've completed a personal bankruptcy filing, the court has entered a discharge order and a … [Read more...]
Filing for Protection under Chapter 12 of the Bankruptcy Laws The Special Provisions for Family Farmers
December 13, 2018 by Leave a Comment
Most individuals who seek bankruptcy protection must file under Chapter 7 or Chapter 13. Chapter 7 allows you to permanently discharge debts in exchange for the sale of certain property. With a Chapter 13 filing, you can set up new payment arrangements with your creditors, satisfying your debts over a three-to-five year period. However, if you're a … [Read more...]
Should You File a Personal or a Business Bankruptcy Petition?
December 4, 2018 by Leave a Comment
Choosing the Right Filing When your business is experiencing financial difficulties, it's almost certain to have a detrimental impact on your personal finances as well. If you don't have the business resources to properly compensate yourself, you can easily fall behind on your mortgage, car payments or other obligations. The bankruptcy laws were … [Read more...]
Bankruptcy and Retirement Assets
November 30, 2018 by Leave a Comment
Can Your Retirement Assets Be Available to Creditors in a Bankruptcy Proceeding? It's no secret that medical expenses are one of the primary causes of personal bankruptcy filings in the United States. Unfortunately, as you age, your risk of health problems and substantial medical bills increases significantly. You may be edging in on retirement, … [Read more...]
Bankruptcy and Inheritance
November 21, 2018 by Leave a Comment
The bankruptcy laws are in place to give individuals an opportunity to start over again, allowing you to either discharge debts permanently or restructure your obligations with creditors. You may wonder, though, what happens after the bankruptcy is over. Suppose you file for protection, eliminate certain debts and then receive notice some months … [Read more...]
Can You File for Bankruptcy Again?
November 1, 2018 by Leave a Comment
Your Right to File Multiple Bankruptcy Petitions It can happen to just about anyone—you have an unexpected medical emergency that's not fully covered by insurance or you lose your job and it takes a while to find a new one. That's one of the reasons we have the bankruptcy laws in place—so that you can get a fresh start. But is bankruptcy a … [Read more...]
What a Discharge in Bankruptcy Really Means
October 30, 2018 by Leave a Comment
When you seek protection under Chapter 7 of the bankruptcy laws, you can permanently "discharge" certain debts in exchange for the sale of some of your personal property. In fact, you may even be able to discharge some debt in a Chapter 13 reorganization. What is a discharge? What does it mean and what doesn't it mean? In essence, a discharge … [Read more...]
Reaffirming a Debt in a Bankruptcy Proceeding
October 29, 2018 by Leave a Comment
When you file for protection under Chapter 7 of the bankruptcy law, the court can seize non-exempt assets to sell and pay off your creditors. However, if you have personal property not covered by the exemptions, and you want to protect that property, you can choose to "reaffirm" the debt on that property. What Is Reaffirmation of a Debt? In its … [Read more...]
The Means Test in a Chapter 7 Bankruptcy Filing
September 28, 2018 by Leave a Comment
There's a common and persistent misunderstanding about the U.S. bankruptcy laws—one that insists that anyone can file at any time and escape liability for their debts. In fact, under the considerable revisions to the bankruptcy laws in 2005, anyone seeking to permanently discharge debts in a Chapter 7 proceeding must first qualify by submitting to … [Read more...]
