Marriage and Bankruptcy

Marriage and Bankruptcy If I Am Married, Do I Have to File Jointly with My Spouse? Not necessarily. If your spouse’s debts are sufficiently minor that a discharge isn’t personally beneficial, you can file an individual chapter 7 or 13 case identifying yourself as a single debtor. Your
Continue Reading →

Bankruptcy – Can I Keep The Car?

Can I Keep The Car? Can I keep the car that I’m paying for if I file a chapter 7 bankruptcy case? Yes, if your bankruptcy schedules properly exempt any net equity value in your car and you keep making timely payments during and throughout the course of the case. In individual bankrupt
Continue Reading →

Who Will Find Out that I Filed for Bankruptcy?

Who Will Find Out That I Filed for Bankruptcy? This is a common question, wondered about by many who choose the remedies afforded by the bankruptcy system. The primary recipients of information on your bankruptcy case will be your creditors because, as a debtor, you are required under
Continue Reading →

Do I Have To Go To Court When I File For Bankruptcy?

Do I have to go to court?
Do I Have To Go To Court? The answer to this basic of questions is: It depends–on which type of bankruptcy case you choose to file. If You File Chapter 7 If you file chapter 7, you are unlikely to have to appear in court unless a creditor files an adversary proceeding (complaint
Continue Reading →

May I “Walk Away” From My Home In a Bankruptcy?

May I “walk away” from my home in a bankruptcy?
May I “Walk Away” From My Home? May I “Walk Away” From My Home In a Bankruptcy? Under most circumstances, a debtor can keep her home or other real property after filing a bankruptcy case provided she is current on the mortgage and continues making monthly payments. Sometimes, however,
Continue Reading →

What Can I Discharge In Bankruptcy

Government Taxes
What Can I Discharge In Bankruptcy? Can I discharge taxes and other debts to the government in bankruptcy? The answer to this question is the favorite of many attorneys: “It depends.” Under the Bankruptcy Code, most recent, unsecured tax claims on income or gross receipts are non-disc
Continue Reading →

What If I Don’t Pay My Debts?

The phone calls begin when you don't pay your bills
What Can Happen If I Don’t Pay My Debts… and don’t file for bankruptcy? The credit card collection process often begins within a few days of a payment delinquency and accelerates from there. An account not tied to a credit card may vary procedurally depending upon policies estab
Continue Reading →

Who Will Find Out?

Who Will Find Out If I File for Bankruptcy?  The bankruptcy court will send notice of your bankruptcy to all the creditors and other parties-in-interest that you identify on your filing documents.  These documents include: Schedules D (secured claims) Schedule E (priority claims) Sche
Continue Reading →

Bankruptcy and a New Mortgage

New Mortgage and Bankruptcy
Bankruptcy and a New Mortgage How Long After Bankruptcy May You Become Eligible for a New Mortgage? The simple answer: It depends. If you lost a home during the recession, you may be eligible to buy a new one sooner than you think. Although before the recession, several of our clients
Continue Reading →

What Debts Are Not Dischargeable In Bankruptcy?

Fresh Start with Bankruptcy
What Debts Are Not Dischargeable? Bankruptcy is a profound and fundamental remedy that offers individual debtors a “fresh start” when they become overwhelmed by debt possibly caused by the loss of a job or the failure of a business, by serious illness, divorce, or some oth
Continue Reading →