Which Debts are “Fraudulent”? The discharge—legal write-off—of a debt can be challenged if at the time the debtor received the credit — the “money, property, services, or an extension, renewal, or refinancing of credit”—it was a result of his or her intentional misrepresentation, and the creditor relied on that misrepresentation in extending the … [Read more...]
Don’t Give Your Car Away or Repay Your Friend Before Filing Bankruptcy
Bankruptcy law has traps for the unwary as any area of law, and here are two very important ones. They are traps because they seem to not only go against common sense, but against what would otherwise be the honorable and the morally right thing to do. These two have to do with transactions—transfers of your possessions and your payments on … [Read more...]
The All-Important “Automatic Stay”
The “automatic stay” goes into effect the moment your bankruptcy case is filed. It is a provision in the bankruptcy law which stops virtually all efforts by your creditors to chase you or your property at the moment of filing. “Stay” is the legal word for “stop.” It is “automatic” because the very act of filing your case “operates as a stay” … [Read more...]
Chapter 7’s Treatment of Secured Debts
A Chapter 7, sometimes called “straight bankruptcy,” provides you with a number of important advantages with your secured debts. Those are debts in which your obligation to pay is secured by collateral, specifically by certain rights that the creditor has over your collateral. If you do not stay current on the agreed payments on the debt, the … [Read more...]
General Unsecured, Secured, and Priority Debts
All of bankruptcy makes a lot more sense if you know which of your debts fit within which of these three categories of debts. Bankruptcy law generally treats your creditors the same, except when those creditors are legally different. A handy way to describe how creditors are legally different is to say whether a debt is a “general unsecured debt,” … [Read more...]
When Creditors Don’t Comply with Post-Discharge Rules
When you file for protection under Chapter 7 of the federal bankruptcy laws, you are supposed to be protected by the automatic stay, which prohibits creditors from calling, writing or taking legal action to collect the debt. Unfortunately, even if you have completed a Chapter 7 filing and discharged your debts, you may still face harassment from … [Read more...]
Protecting Your Assets in a Bankruptcy
If you are considering filing for bankruptcy protection, but are afraid that you will lose all your property, think again. Under the bankruptcy laws, there are state and federal exemptions on property, so that you can discharge or reorganize debts without fear of losing everything. It can be difficult, however, to determine what property you can … [Read more...]
Comparing-Personal-Bankruptcy-To-Commercial-Bankruptcy
If you are a small business owner, and your business is struggling, you can feel the effect in your personal finances and your personal life as well. Bankruptcy can provide some relief, but you may be uncertain whether you should consider a personal bankruptcy petition or a business/commercial bankruptcy filing. This blog post addresses some of the … [Read more...]
Bankruptcy-As-A-Tool-In-A-Foreclosure-Proceeding
When you are struggling to meet your financial obligations, and have fallen behind on your mortgage, you may have questions about whether or not a bankruptcy filing can help you keep your home. This blog post takes a look at how the bankruptcy laws affect home mortgages, and whether a Chapter 13 reorganization can be an effective tool when you face … [Read more...]
Will-The-Government-Come-To-My-Home-And-Seize-My-Possessions-During-Bankruptcy
Separating Bankruptcy Truth from Myth in Texas Bankruptcy is a complex process that is difficult to fully understand until you have gone through it. Many individuals, therefore, fear the unexpected loss of property when contemplating chapter 7 or chapter 13 bankruptcy. A common question I get from clients new to the bankruptcy process ask “will my … [Read more...]