Discharge of Debt

Debts which are not listed in bankruptcy schedules are not discharged in the First Circuit, which covers Puerto Rico and New England (except Connecticut and Vermont). The only exception is if that creditor otherwise knew of the bankruptcy filing when it happened. They are discharged elsewhere in the country. You should list all your debts. […]

Getting your bankruptcy discharge isn’t the end; it’s the beginning. Sure, your discharge is the Holy Grail of the bankruptcy process, but it signals the beginning of your fresh start. So do your happy dance. You’ve earned it. But now what? There are a couple of things to keep in mind. Keep ‘em honest First, […]

When you file for bankruptcy, you’re required to locate your creditors and notify them of the fact that your case has been filed. All debtors seeking relief in bankruptcy are under a duty to submit a complete list of their creditors in their bankruptcy schedules. Although §342 of the bankruptcy code requires the court to […]

Even if you surrender your home in bankruptcy, you are still liable for your homeowner’s or condominium owner’s association dues that become due after the date of filing. As a general rule, all the debt that you owe on the day you file your bankruptcy is discharged, including past-due HOA and COA dues.  However, because […]

A well-dressed, young couple was sworn in at their bankruptcy meeting of creditors (341 hearing). The trustee asked the usual questions. “Your plan proposes to pay your attorney, the filing fee, pay off your car and some taxes, and nothing for the unsecured creditors,” the trustee summarized. “Yes,” the debtors and their attorney nodded. What happened […]

The Eighth Circuit Bankruptcy Appellate Panel upheld a lower court’s ruling discharging $204,525.00 in student loans, despite the lender’s argument that the debtor could have continued her education and sought higher-paying employment as a chiropractor. Shaffer v. U.S Department of Education, No. 12-601o (8th Cir.BAP Oct. 30, 2012), involved an unmarried debtor in her mid thirties […]