Clients frequently ask us if they must be a citizen of the United States to file a bankruptcy case in the United States.  No – you don’t have to be a citizen to file a bankruptcy case in the United States.
You do have to be a resident of the place where you plan to file [...]

Clients frequently face debts from countries other than the United States.  If you file a bankruptcy case in the United States, what is the effect on your debts from overseas?
We tell clients not to worry too much about this.  First of all, it takes some effort for a foreign creditor to make its judgment enforceable in [...]

In June, people’s thoughts turn to marriage.  These days, people’s thoughts also turn to bankruptcy.  Clients ask me, “Should I file my bankruptcy case before my wedding?”  It’s a good question.
The answer is not always simple.  Why should it matter?  The main reason is the “means test.”  The Bankruptcy Code says that you are presumed [...]

Senior citizens with fixed incomes frequently think about filing for bankruptcy.  Even though we have experienced a horrible mortgage meltdown, many retired people have actually paid off their houses and, at least in theory, still have equity.  Yet their social security income is not enough to live.  Even worse, many pensions have been cut back [...]

If your car is repossessed before you file a chapter 13 bankruptcy case, you want it back.  You want a chance to make your payments.  In most of the country, if the car is repossessed before chapter 13 bankruptcy, the lender has to give it back so you can have your chance to keep your [...]

I’m not filing bankruptcy on my motorcycles.  Some debtors believe that if they file a bankruptcy case, they get to keep all their property.  That’s not true.  A debtor in chapter 7 gets to keep his or her exempt property.  However non-exempt property could be sold by the trustee to pay creditors’ claims.
A debtor I know just [...]

One of the most important benefits of your bankruptcy case is the automatic stay.  In plain English, this is a great big stop sign to your creditors.  Once your bankruptcy is filed, they have to stop bothering you.  No more calls at home.  No more calls at work.  No more harassing mail. Not even a [...]

In Charge Debt Solutions, one of the most reputable of debt management firms which try to keep people out of bankruptcy through so-called “debt settlement plans” now says that bankruptcy is the best solution for many of the people it counsels.  The Los Angeles Times reports that In Charge now tells 42% of the people [...]

Many people are losing their jobs these days.  For example, car dealers are closing their doors everywhere.So are auto factories.  People who used to make a very nice living are really struggling.  Their income over the past few months might have been above the national average.  But it won’t be for much longer.
These people are [...]

Bankruptcy cases can’t be prepared overnight.  We find that it takes at least a week or two to prepare a case for filing even under the best of circumstances. You need to take credit counseling before you can file.  You need to tell your lawyer all the information needed to determine your assets, your debts, [...]