Adrian Lapas, Eastern North Carolina Bankruptcy Attorney

Don’t Be Fooled By “Simple” Bankruptcy Forms!

by Adrian Lapas, Eastern North Carolina Bankruptcy Attorney

I saw that Katie Porter over at Credit Slips posted a blog that new, simplified forms for consumer bankruptcy cases are being considered by the Bankruptcy Rules Advisory Committee.  The proposed forms can be accessed here and start at page 189 through page 315.  One item of note is that the forms are being divided [...]

Bankruptcy Fundamentals: Discharge After Prior Bankruptcy Filings

by Adrian Lapas, Eastern North Carolina Bankruptcy Attorney

Recently, I had cause to go back to re-visit some of the provisions in the Bankruptcy Code relating to when a discharge is entered.  Since this is the start of a New Year, perhaps a review of some basics is in order. For a chapter 7 case, the operable statute is 11 U.S.C. § 727.  [...]

Preparing For Bankruptcy

by Adrian Lapas, Eastern North Carolina Bankruptcy Attorney

  When you are considering a trip, usually, you make substantial preparations in anticipation of   that trip.  You make travel arrangements; you make sure you have a place to stay; you make reservations for any activities in which you wish to participate.  You will often make significant plans and preparations for any “big” event.  Bankruptcy [...]

Short Sales, Cancelled Debt, Taxes and Bankruptcy

by Adrian Lapas, Eastern North Carolina Bankruptcy Attorney

The latest recession has spawned a whole industry of websites crowing about how to properly deal with too much debt.  For example, if your house is worth less than what you owe on your mortgage, perhaps a website will promise to negotiate a short sale–that is, the lender will accept less than the pay-off but [...]

Bankruptcy and Inheritances

by Adrian Lapas, Eastern North Carolina Bankruptcy Attorney

An often overlooked component of a bankruptcy case is whether the debtor is entitled to receive an inheritance.  This can be very, very important because if the debtor becomes entitled to an inheritance within certain times, the inheritance could go to a bankruptcy trustee and the payment of a debtor’s creditors. Under 11 U.S.C. § [...]

Hidden Treasure and Bankruptcy

by Adrian Lapas, Eastern North Carolina Bankruptcy Attorney

So, where might that hidden treasure be located.  While we at Bankruptcy Law Network have repeatedly stressed the importance of listing all assets that you own (such as here).  Sometimes, you may have a claim to property and not even know it. One instance may be if you inherit property (that is, be entitled to [...]