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Are There Any Reasons NOT to File Chapter 7 Bankruptcy? Part 2-You May Not Discharge All Your Debt »

Although filing Chapter 7 bankruptcy usually wipes the slate clean as far as most of your debts are concerned, there are some debts that may not be discharged. 
Certain debts, such as most taxes, child or spousal support, and student loans usually survive the Chapter 7 discharge.  Debts incurred through fraud, may also survive the discharge.  And in [...]

San Diego: New Ruling Allows Student Loans to be Discharged in Chapter 13! »

The United States District Court located in San Diego recently issued an opinion on December 10, 2008, holding that student loans may be discharged in chapter 13 bankruptcy cases where the creditor fails to object after receiving proper notice.  Other cases around the country are also holding the same and the United States Supreme Court [...]

Chapter 7 Bankruptcy May Give (Temporary) Relief from Collectors »

Filing  Chapter 7 bankruptcy will stop collection efforts of your creditors, however that relief may be temporary if your debts are of the kind that are not discharged in bankruptcy.
Some debts, like student loans, child support, many taxes, and a few others, are not discharged by bankruptcy.  However you may experience some relief from their collection for [...]

How Long Will My Chapter 7 Take? »

In general, a simple, no asset Chapter 7 bankruptcy case will usually go on for about 4 months, but the case could be open a lot longer.
When filed, the Court sends out a Notice of Filing to all parties in the case, notifying everyone of the filing and of the deadlines involved.  The notice contains [...]

Statements Received After Discharge May Violate Bankruptcy Code Even If Creditor Includes A Disclaimer »

If a creditor sends a letter to you after your discharge, they may be violating the Bankruptcy Code - even if they include language saying it’s just for informational purposes.
The recent case of In re BIRAKOYE NASSOKO, Case No. 07-11966 (ALG) (SDNY 2009) involved a car lender that sent a consumer a payment demand comtaining [...]

What Happens If A Creditor Contacts Me After My Bankruptcy? »


What Happens if I Stop My Chapter 13 Payment? »

If you stop making Chapter 13 payments and do nothing else, your bankruptcy case will be dismissed and the court will not enter a discharge order.  This means you will lose the benefits of your bankruptcy and will no longer be protected from your creditors.
When your bankruptcy case was filed, the court entered a stay [...]

Personal Bailouts - Should You Bailout A Friend or Relative? »

In this era of corporate bailouts, it makes you wonder how many individual bailouts are happening, and, more importantly, is it the right thing to do?  Three times in the past week, a client has called to request that we close the file because they no longer have to file for bankruptcy.  While I love [...]

Can I File Bankruptcy Again? »

If you have previously filed for bankruptcy protection, and you’ve found yourself dealing with unmanageable debt a second time, you may be wondering if you can file bankruptcy again. Going through bankruptcy a second time is not exactly a pleasant thought – but if you’re struggling with debt, and you think you may need to [...]

The Continuing Concealment Doctrine »

The Continuing Concealment Doctrine applies when someone appears to have transferred an asset, but retained secret control or a beneficial interest.  It commonly applies where someone convenys a house to another, but continues to live there, pay the mortgage and utilities, maintain and improve the property, and so forth.  It can apply to stocks or [...]