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Discharge or Dismissal: What’s the Difference »

Discharge in bankruptcy is good. Dismissal is generally bad.  Discharge is  what  most debtors seek when filing their bankruptcy.  Dismissal is what a debtor is  generally trying to avoid.
The discharge is the injunction granted by the bankruptcy court that keeps the creditors from enforcing their rights to collect personally on the debt.  More commonly, [...]

What Is A Pay Advice? »

What is a Pay Advice?
A pay advice is any document that provides written evidence of your income.
The most obvious example of a pay advice is a pay stub, but a pay advice can also be a printout of your income and withholding from your employer.  In fact, more and more often I will have clients [...]

What to Expect at Your §341 Meeting »

The §341 Meeting, also called the meeting of creditors, is a meeting that takes place around 20 to 40 days after your bankruptcy case is filed. At this meeting the case trustee assigned to your case, and any creditors who wish to attend, will be present. The case trustee will ask you a series of [...]

Procedure For Enforcing The Bankruptcy Discharge In New York »

A typical bankruptcy case in New York results in the issuance of a Discharge of Debtor, which releases the debtor from all collection activities in connection with a discharged debt. Many New York bankruptcy lawyers believe that the only way procedurally to enforce the discharge injunction is by filing an adversary proceeding.
The recent case [...]

Mortgage Payments Now Inside the Plan for the Eastern District of North Carolina »

This week, the United States Bankruptcy Court for the Eastern District of North Carolina entered an order mandating that mortgage payments will now be made through the debtors’ chapter 13 plan.  These are often called “conduit” plans because the chapter 13 trustee acts as a conduit for the mortgage servicer and collects payments on the [...]

What does a Chapter 7 Flowchart Look Like? »

There are thousands of bankruptcy attorneys out there throughout the United States practicing bankruptcy law. While each may run his or her practice a little differently than the others, they are all still bound by the same federal laws found under Title 11 of the US Code.  Accordingly, each chapter 7 case is more or [...]

Some Assets Are More Protected Than Others: Bankruptcy Exemptions »

As unemployment rates continue to rise, it is a good idea to try to bunker down and prepare for the worst so you can ride out the storm if you find yourself among the unemployed, or facing a pay cut.
There was some good advice in an article in the Wall Street Journal on November 6, [...]

Bankruptcy and Security Clearances »

So what happens to your security clearance if you file for bankruptcy protection?  Is it revoked? Will you be terminated from your job?  Will you be demoted?  Does your salary decrease?
While there are bankruptcy code provisions that regulate the public and private sector over discriminations in employment when one files for bankruptcy protection, most employers [...]

Chapter 13 Bankruptcy Is Not A Death Sentence »

Clients who fail the bankruptcy “Means Test” and have to file a Chapter 13 bankruptcy case look at me as though they have been given a death sentence.  I  reassure them that Chapter 13 bankruptcy is not the end of the world.
The fact of the matter is that they are almost always usually much better [...]

BLN Author Lauded by National Bankruptcy Group »

Bankruptcy Law Network member and author, Craig Andresen of Bloomington, Minnesota, has been named Member of the Month for October 2009 by the National Association of Consumer Bankruptcy Attorneys.
He is the tenth member of Bankruptcy Law Network to be recognized as member of the month for service to NACBA and the field of consumer bankruptcy [...]