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Archive for March, 2007

Objection to Discharge

Tuesday, March 27th, 2007

I have seen a handful of debtors receive letters about possible objection to discharge. The main law firm that I see is based out of NY and they watch for people who are filing chapter 7 cases to see if they have incurred large amounts of debts in the last 6-12 months. They [...]

Proof Of Claim

Tuesday, March 27th, 2007

A proof of claim is what the creditors file with your chapter 13 case. What this does is tell the trustee and the bankruptcy courts that they are entitled to “x” amount of dollars. If the debtor disputes the claim, we can then file an objection to the claim with the courts. [...]

What will happen if I become delinquent with mortgage payments after filing Chapter 13 bankruptcy case?

Monday, March 26th, 2007

If you are in active Chapter 13 bankruptcy case and fall behind with monthly mortgage payments then it is likely that your mortgage company will have their attorney (opposing counsel) file Motion for relief. Opposing counsel will contact our office via phone to report the delinquency and allow our office 48 hours to contact the [...]

Bankruptcy Noticing: How It Works

Monday, March 26th, 2007

What is bankruptcy noticing? How does it affect you and your bankruptcy case? Why do I even care what bankruptcy noticing is? These questions lead to a discrete section of a given bankruptcy case that is often overlooked or forgotten by various individuals. For every debtor, there are various creditors and groups of people who [...]

What can I do if my employer is not following the Wage Order Directive?

Monday, March 26th, 2007

If your employer is failing to follow the wage order directive then you need to contact your attorney. The wage order directive is a court ordered garnishment and the employer is being “ordered” to deduct a specific amount from your check each payroll period. The employer is also under order to submit those payments to [...]

Motion to Extend

Monday, March 26th, 2007

Motions to extend stays are filed in cases when a Debtor has filed a bankruptcy at least one time in the prior year. Under the new bankruptcy laws, the stay will not be put into place unless you have one of these hearings. If your attorney fails to file this motion and have [...]

Rebuilding after chapter 7

Monday, March 26th, 2007

Filing a bankruptcy does not mean that you have bad credit. You had good credit and then something bad happened a divorce is a real killer and then there is the loss of income from job change or some form of medical event. So now unlike before you can not make the payment on credit [...]

Providing Important Documents

Friday, March 23rd, 2007

I have a client whose house was about to be foreclosed on, so we did filed an emergency petition. This means we just filed the basic petition and have 15 days from the date of filing to file the rest of the necessary paperwork. A Debtor who files an emergency bankruptcy has 15 [...]

Assets

Friday, March 23rd, 2007

When filing a chapter 7 bankruptcy yes people could lose certain assets. Assets are homes, cars, boats, lake lots, stocks, bonds, cash in the bank, 401 k’s, guns,
clothes, jewelry, and, just about any thing you can own. But filing a bankruptcy does not mean you will lose anything but under certain conditions yes you [...]

Why did I file bankruptcy?

Thursday, March 22nd, 2007

People will generally file a Chapter 13 bankruptcy because they have fallen behind on house payments or car payments. It is explained to them in order to be successful in their bankruptcy they will need to be able to make their regular expenses plus the trustee payment.
Yes, bankruptcy can help a person save their [...]

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