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Can I File A Medical Bankruptcy? »

Medical bills from a prolonged or serious illness are one the most common reasons why people need to file for bankruptcy.  I often get calls from people looking to file a medical bankruptcy.
But there is no such thing as a medical bankruptcy.
Medical bills are unsecured debts ( just like credit card debts), so a debtor filing for a [...]

Pamela Stewart speaks at The People’s Law School »

Pamela Stewart, a Houston/Victoria (Texas) consumer bankruptcy lawyer spoke recently about bankruptcy at The People’s Law School sponsored by The University of Houston Law Center  – Center for Consumer Law.
Highlights of the session included discussion of the different chapters of bankruptcy, who is eligible to file a Chapter 7 or Chapter 13 bankruptcy, the meeting of creditors that all [...]

Planning for Bankruptcy – “I just got a bonus” – One of a Continuing Series »

Under the Bankruptcy Code, we calculate your “current monthly income” to see if you qualify for a chapter 7 case. Those with “current monthly income” more than the median income are presumed to be abusing the bankruptcy system if they file a chapter 7.  They can “overcome” this presumption in some cases through the complex [...]

Disclosure of Assets and Supplying Due Diligence Documentation in Bankruptcy »

Filing for Bankruptcy is no walk in the park.  It is an extensive process, with significant document gathering and processing, in addition to research, disclosures, and sometimes multiple court and trustee hearings.  Nevertheless, the more work done up front, the smoother the process will be.  One such area involves compiling all the due diligence documents [...]

Steps I Need To Take To File Bankruptcy »

I am often asked what to I need to do to file a bankruptcy.  My reply is you have taken the first step. You have contacted a bankruptcy lawyer seeking information.  Only with this information can you determine if you can file bankruptcy and if bankruptcy is the right thing for you to do.  I [...]

Will You Qualify For Chapter 7 Bankruptcy After Halloween? »

If you are a consumer thinking about filing bankruptcy, you will want to figure out whether to file bankruptcy before or after November 1 when changes to the income eligibility guidelines take effect.  For some people, the means test changes will help and for others the changes will hurt.
In Kansas, for example, median family income [...]

Computers, Rings, TV, Furniture Reaffirmations Part Four »

Cars and reaffirmations were strange enough but with Household Goods things just get a little bit weirder.
Reaffirmation is  the process in a Chapter 7 bankruptcy in which the debtor wishes to keep an item that secures a loan.  The debtor agrees to continue to pay for the item and the creditor lets them keep it.
In [...]

Reaffirmations Part Three Cars, Trucks, Things With Wheels »

Reaffirmation is the process in a chapter 7 where the debtor agrees to re obligates themselves on a debt and the lender lets them  keep the collateral.  The debtor makes the payments and keeps the car etc.
Reaffirmations of cars and things with wheels are treated very differently through the country even through out certain states. [...]

A House May Be Exempt In Bankruptcy, But You Don’t Get A Free House In Bankruptcy »

You will have to keep making your mortgage payments if  you have a mortgage and want to keep your house after filing for bankruptcy.  I have had a number of phone calls recently from people who can’t afford their mortgage payments.  They were under the impression that by filing bankruptcy, they could keep their [...]

What Happens When A Corporation Or LLC Files A Chapter 7 Bankruptcy »

What Happens When A Corporation Or LLC Files A Chapter 7 Bankruptcy
A corporation or LLC can’t get a discharge by filing bankruptcy.  That means there will be no final order from the court saying that all of the debts are gone.  So why file a Chapter 7 bankruptcy for your company?  My colleague, Russell A. [...]