Category: Chapter 7 Bankruptcy
By Rachel Lynn Foley - Kansas City, MO Bankruptcy on May 8, 2008 in Chapter 7 Bankruptcy, Missouri, Protecting Assets In Bankruptcy | 0 Comments
If you are in the Western District of Missouri, Kansas City Division, there are 10 Chapter 7 Trustees. You can never choose the trustee for your case, they are assigned by the Court at the time of filing. So far we have introduced you to Mr. David Stover, Ms. Erlene Krigel, Ms. Janice Stanton and [...]
Popularity: 3% [?]
By Michael Doan on May 4, 2008 in Bankruptcy Myths, Bankruptcy Practice and Procedure, Benefits of Bankruptcy, Chapter 11 Bankruptcy, Chapter 12 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Credit Cards, General Bankruptcy Information, Life After Bankruptcy, Reaffirmation of Debts | 1 Comment
When you file for Bankruptcy, what do you do if you want to keep some credit cards? Hide them from your attorney? NO! Such “Bankruptcy Fraud” is not worth 5 years in jail and/or 1/2 million dollar fine! Instead, it depends.
If you liked that post, then try these…When Do I Know Its Right To [...]
Popularity: 13% [?]
By Michael Doan on May 4, 2008 in Bankruptcy Myths, Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Consumer Protection, General Bankruptcy Information, Life After Bankruptcy, Role Of The Lawyer, Venue and Qualifications | 1 Comment
There is no limit on the number of bankruptcy cases that one may file. In fact, there is no limit in between time frames to file bankruptcy. Nevertheless, if sufficient time between filings does not take place, you may be not be eligible for “discharge.”
If you liked that post, then try these…The 2005 [...]
Popularity: 11% [?]
By Michael Doan on Apr 27, 2008 in Bankruptcy Legislation, Bankruptcy Practice and Procedure, California, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Consumer Protection, Discharge, What Can and Cannot Be Forgiven, General Bankruptcy Information, Protecting Assets In Bankruptcy, Surrendering Property | 0 Comments
Maybe. It depends. Do you owe the IRS any prior monies? Can you claim the monies due to you as exempt?
Popularity: 26% [?]
Popularity: 26% [?]
By Michael Doan on Apr 27, 2008 in Bankruptcy Practice and Procedure, California, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, General Bankruptcy Information, Personal Property, Protecting Assets In Bankruptcy, Surrendering Property | Comments Off
Technically speaking, once you file for bankruptcy, all your property is no longer yours. Instead it is now part of a new entity called the Bankruptcy Estate, pursuant to 11 USC 522. Nevertheless, in most cases, it goes back to you relatively quickly.
In chapter 7, all your property comprises the bankruptcy estate until one of [...]
Popularity: 23% [?]
By Douglas Jacobs, California Bankruptcy Attorney on Apr 27, 2008 in Bankruptcy Myths, Bankruptcy Practice and Procedure, Chapter 7 Bankruptcy, General Bankruptcy Information | 0 Comments
I don’t know. But, recently, I got a call from someone in Ohio (I’m in California) telling me that she had filed a “medical bankruptcy” but needed some help in California regarding property she owned here.
So, what is a “medical bankruptcy?” Frankly, there’s no such thing in the law. I suspect what she meant is [...]
Popularity: 17% [?]
By Pamela Stewart, Attorney at Law on Apr 21, 2008 in Bankruptcy Practice and Procedure, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, General Bankruptcy Information | 0 Comments
The Bankruptcy Code (11 U.S.C. Section 727(12(e)) permits an interested party to seek revocation of a debtor’s discharge if it can be shown that the debtor obtained the discharge by fraud and that fraud was not known to the requesting party until after the discharge was granted. It is not sufficient to show that [...]
Popularity: 25% [?]
By Michael Doan on Apr 20, 2008 in Bankruptcy Legislation, Bankruptcy Practice and Procedure, Chapter 7 Bankruptcy, Debt Collector Abuses, Discharge Violations, General Bankruptcy Information, Lawyer to Lawyer, Life After Bankruptcy, Reaffirmation of Debts, Redemption of Assets, Surrendering Property | 1 Comment
Recently, the Bankruptcy Appellate Panel ruled that ride-through no longer existed in light of the recent changes to the Bankruptcy Code under BAPCPA. Nevertheless, they entirely ignored my 11 USC 365(e) argument and it’s presently before the Ninth Circuit Court of Appeals.
Popularity: 28% [?]
Popularity: 28% [?]
By Pamela Stewart, Attorney at Law on Apr 20, 2008 in Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Conversion from One Chapter to Another | 0 Comments
The 2005 amendments to the Bankruptcy Code added 28 U.S.C. Section 1930(f)(1) which provides for the waiver of Chapter 7 filing fees. This provision is implemented through Bankruptcy Rule 1006(c). However, a debtor’s application requesting a fee waiver must be filed along with the voluntary bankruptcy petition. The debtor’s income must [...]
Popularity: 17% [?]
By Brett Weiss, Maryland Bankruptcy Attorney on Apr 20, 2008 in Automatic Stay, Bankruptcy Cases of Interest, Chapter 11 Bankruptcy, Chapter 12 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Featured, Foreclosure Issues, Lawyer to Lawyer, Maryland | 1 Comment
A recent bench decision by Maryland Bankruptcy Court Judge Thomas J. Catliota was an important ruling regarding the real party in interest requirement of FRBP 7017.
Americredit Financial Services, Inc., an auto loan servicer, filed a MLS in its own name. Its name appears on the car title as the sole lienholder, it represented that it [...]
Popularity: 28% [?]
