Articles Posted in Debt Relief

Should I hire an attorney to file bankruptcy?

It is not unusual that the spouse of a financially distressed person is unaware of the financial difficulty of the other spouse. Reasons may include one spouse controls the finances, one spouse runs a small business, or the couple keep their financial affairs separate. So, the question often arises how to talk to your spouse…

One of the best bankruptcy protections afforded a debtor from his or her creditors is the automatic stay. In what ways does the automatic stay stop creditor actions and when does it not protect the debtor? Debtor Protection Under the Automatic Stay Once the bankruptcy case is filed an automatic stay under 11 U.S.C. §362…

The ability to keep your car or truck in bankruptcy is often a major consideration when filing a Chapter 7 or Chapter 13 bankruptcy. A dependable vehicle is often essential to keeping a job or getting the kids to school. Fortunately, in a Chapter 7 bankruptcy, you can almost always keep your car or truck…

In a Chapter 7 bankruptcy you will need to know how to answer a Trustee Information Sheet. After the bankruptcy case is filed, a meeting of creditors takes place in about thirty days. Before or at the meeting of creditors, various documents will be required to be submitted to the Trustee. One such document is…

Background Until now it has been extremely difficult to get rid of student loans in bankruptcy for most debtors. In most cases the debtor in bankruptcy must prove “undue hardship” on the debtor or the debtor’s dependents in the event the debt is not discharged. Most courts rely on the Brunner test to interpret undue…

What happens when someone transfers assets prior to filing bankruptcy? This article explores fraudulent transfers that take place within four years before filing bankruptcy. In prior articles we explored transfers within two years prior to filing bankruptcy. In a subsequent blog we will explore transfers to a self-settled trust within ten years of filing bankruptcy.…

What happens when a debtor does a transfer of assets prior to bankruptcy? This article explores fraudulent transfers that take place within two years before filing. In a prior article we explored preferential transfers prior to filing bankruptcy. In subsequent articles we will explore other fraudulent transfers prior to filing. Transfers or Obligations Incurred Within…

Chapter 13 bankruptcy might be a great option for you to restructure your debt and secure the financial relief you need—if you are eligible for it. But how do you determine your eligibility to file for Chapter 13? Below is a general overview some key considerations of which you should be aware. Businesses Are Ineligible…

On May 15, 2017 the U.S. Supreme Court ruled in the case of Midland Funding, LLC v. Johnson, 581 U.S.____(2017), that debt collectors and purchasers are not in violation of federal law when pursuing debts during a Chapter 13 bankruptcy that they know to be beyond the statute of limitations. The 5-3 decision was a…