When people are in a Chapter 13 bankruptcy and hit a snag in their case, often they request a hardship discharge. The name alone should indicate that this type of discharge is not given upon a mere request. There are specific requirements that must be met before you can even be considered for this type [...]
Discharge of Debt
It is a real accomplishment to complete your Chapter 13 case. In an environment where jobs come and go, unexpected expenses can pop up and more than two-thirds of all Chapter 13 plans fail, anyone who fulfills the terms of his Chapter 13 plan should take pride in this milestone. Be aware, however, that making [...]
Lately the same refrain keeps cropping up in my practice: why did you wait so long? I understand that very few people want to file bankruptcy, and I agree that the decision to file bankruptcy is an important one. And while it is common to hear that bankruptcy should be a last resort, it is [...]
Capital One violated the bankruptcy discharge thousands of times and got caught, as was recently reported by the Wall Street Journal. It filed claims in second bankruptcy cases based upon debts which were already discharged in earlier cases. As my colleague Andy Miofsky wrote, “There is a reason Capital One Bank portrays credit card banks as a horde [...]
Recently I received a notice from the bankruptcy court that my client’s Chapter 7 case has been closed without the issuance of a discharge order because my client never completed his mandatory financial management course. This means that in order to get his discharge, my client will have to pay a filing fee of $260 [...]
The headline caught my eye: “Is Bankruptcy ‘Business as Usual’ for Airlines.’ ” On NPR, no less. Reporting on the Chapter 11 filed by American Airlines, the article goes on to note: You might say it’s almost business as usual for the airline industry. United, Northwest and Delta have all taxied down the Chapter 11 [...]
