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My Chapter 13 Bankruptcy Got Dismissed, What Do I DO? »

If you have received a dismissal in your Chapter13 you should immediately be in touch with your bankruptcy lawyer to go over your options.
The dismissal mean you have not completed your Chapter 13 and the court has dismissed your case. You are almost back in the same situation as you were before you filed bankruptcy. [...]

Tell the truth – the whole truth – and nothing but the truth »

The point of filing a bankruptcy case is to get a discharge of your debts.  The deal is simple.  An honest debtor gets a fresh start.  The price of the bargain?  You have to let the trustee have all of your “non-exempt” assets. That means you have to tell the trustee about everything you have.
If [...]

Should My Wife Stay Out of the Bankruptcy Case to Save Her Credit Rating? »

This question comes up often in a bankruptcy lawyer’s office, and each time it does the answer is nearly always the same: no.
Of course, this question could just as easily be asked the other way, should the husband refrain from joining in his wife’s bankruptcy?  The question is based on the perception that the family [...]

California Homestead Amounts To Increase »

California Homestead Amounts To Increase
Governor Schwarzenegger signed into law new legislation that raises the amounts that can be claimed as a homestead in California.  The law, Assembly Bill 1046 is one of several new pieces of California legislation aimed at protecting homeowners.
Previously, the equity in your home was exempt from execution or in a bankruptcy [...]

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 [...]

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 If I Inherit Money After Filing Bankruptcy? »

Debtors filing for bankruptcy protection should be concerned about their right to receive an inheritance within the six months after filing for bankruptcy (if some relative has died before filing bankruptcy or the relative dies within 180 days of the debtor’s filing), as the bankruptcy trustee can take that inheritance to pay creditors.

Do I Have to be Current on My Bills to File Bankruptcy? »

A regular question we hear from folks comes in two flavors:

Do I have to be current on my bills in order to file bankruptcy?

How far behind do I have to be to file bankruptcy?

The simple answer is that you need to be in debt to consider bankruptcy but where you are in your payment cycle [...]

Be Careful Which Debts You Reaffirm »

A tire company sent a reaffirmation agreement to me for one of my clients to sign.  A reaffirmation agreement is a new contract to pay an old debt that is included in your bankruptcy filing.
I laughed when I saw who it was from but I laughed even harder when I discovered it was for a [...]

New Bankruptcy Law: Time Deadlines »

New bankruptcy time deadlines take effect December 1, 2009.  Time will now be computed in multiples of 7.  This change will minimize situations where deadlines come due on weekends.
Bankruptcy has many different deadlines based on multiples of 5 – 5 days to submit documents, 10 days to appeal, 15 days to file pleadings, 20 or [...]