March 2007

What Can I Stop By Filing Bankruptcy?

by Bankruptcy Law Network

STOP Foreclosure Repossession Garnishments Levies The IRS You’ve probably seen the ads in your newspaper, in your local classifieds sheet, or in the phone book, and you’ve probably wondered if the ads are true. They are.

Do I owe a credit card debt after my discharge?

by Rachel Lynn Foley, Kansas City, MO, Bankruptcy Attorney

It depends. Did you sign a contractual agreement stating that you would repay? If you did AND it was filed with the court then yes you owe the debt. What you want to look for is a document called a Reaffirmation and that Reaffirmation MUST be filed with the court to be legally enforceable against [...]

What Can I Keep In a Bankruptcy?

by Brett Weiss, Maryland Bankruptcy Attorney

One of the first questions I’m usually asked by a potential client in financial trouble is, “I can’t file for bankruptcy—if I do, I’ll lose everything!” Not true. Not even close to true. In fact, in the vast majority of cases, people keep everything they own—their home, their cars, their furniture, their retirement, and even [...]

Bankruptcy Basics: What Is An Estate?

by Karen Oakes, Southern Oregon Bankruptcy Attorney

When someone files for bankruptcy, an “estate” is created. Yup, an estate. Almost as if you had died. The bankruptcy court appoints a trustee (in some states, this is called an administrator) to oversee your estate. So, what is in your estate? Your estate consists of everything that you own or have an interest in, [...]

Can A Creditor Add Attorney Fees To My Bankruptcy Case?

by Andy Miofsky, Illinois Bankruptcy Attorney

Under certain circumstances a creditor may charge your bankruptcy case for attorney fees. Some bankruptcy cases have assets that are distributed to creditors. Before a creditor receives any money, the creditor must file a Proof of Claim identifying the amount allegedly owed to that creditor. Federal bankruptcy law by itself does not enable or authorize [...]

Bankruptcy is just filling out forms, right?

by Cathy Moran, California Bankruptcy Lawyer

The sales pitch of the “bankruptcy assistance” sites or the petition preparers claims that since bankruptcy is nothing more than filling out forms, why do you need a lawyer? You need a lawyer to 1) know what goes in those forms; 2) to help you plan so as to keep as much as the law [...]