Much has been written on this blog about “reaffirmation” – the process by which a Chapter 7 debtor formally and in writing agrees to opt out of the protections inherent to a bankruptcy discharge and assume again contractual liability for secured (or unsecured) debts like mortgages and vehicle loans.
You should always speak to your lawyer [...]

(This cartoon is posted on with the express permission of the creators of BAPCPA Man.)

When I think of Steven Horowitz and Gideon Kendall, I can’t help but think of the Reese’s Peanut Butter Cup.  What a perfect combination.
Horowitz, a New York City bankruptcy lawyer, and Kendall, a professional illustrator and fellow New Yorker, met years ago [...]

On October 1, 2009, the Ninth Circuit Court of Appeals issued its decision in Sternberg v. Johnston, No. 07-16870 wherein it affirmed a stay violation under 11 USC 362, yet held that attorney fees were only recoverable related to enforcing the automatic stay and remedying the stay violation, and not in the litigation of damages.  In [...]

Most likely, your bankruptcy lawyer didn’t screw up.  You see, even after getting a discharge in bankruptcy, it is possible that creditors will STILL harass you.  However, before you get mad at your bankruptcy lawyer, understand its probably not his/her fault.
This may come as a surprise, but sometimes creditors simply ignore the fact that a [...]

Chapter 13 bankruptcy provides a powerful tool  — You can provide for special treatment of co-signed debt, allowing it to be paid more than other similar creditors.  In this way, you can “protect” your co-signer from having to repay part or all of the debt you incurred with their help.
But what happens when you owe [...]

Automatic stay prevents utility companies from shutting off bankruptcy debtors’ utility services on the basis of outstanding debts owed prior to the bankruptcy filing.
If a debtor’s utilities have been shut-off prior to the bankruptcy, the debtor, upon the filing of her case, should provide evidence of the bankruptcy proceeding to the company and demand that [...]

If you have filed for bankruptcy before, you may be able to file again if you need to.  But, to determine if you can get another discharge in bankruptcy, you need to know the petition date and chapter of your previous case.
There is a myth that you can only file bankruptcy every seven years.  That [...]

“My wages are being garnished!”
“I have a foreclosure scheduled for tomorrow!”
“They’re going to come and repossess my car tonight!”
As a bankruptcy attorney, I have heard all these, and more, as reasons why a potential client’s case needs to be filed TODAY. While bankruptcy attorneys may be able to file a bankruptcy case on an emergency [...]

Can you refile your bankruptcy if it has been dismissed?
The answer is yes, you can refile your bankruptcy if it has been dismissed. 
However, changes to the Bankruptcy Code that were in Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) can limit the relief that you receive when you refile.
When you file a bankruptcy one of the [...]

We all know that the automatic stay serves to stop almost all creditor attempts to collect a debt.  The automatic stay has been discussed extensively on this blog.
But many times, creditors will stop sending monthly mortgage statements because they are under the impression that it violates the automatic stay to continue to send statements.  In [...]