Bankruptcy Blog Archives

If a debtor passes away while in active Chapter 13 Bankruptcy then a family member or person appointed durable power of attorney can contact the attorney to request a hardship discharge. A motion must be filed with the court and a notarized affidavit by family representative requesting reason for the hardship discharge request. Obviously any [...]

Filing bankruptcy will benefit you if you are willing to change the poor spending habits which led to your bankruptcy filing. Yes, the bankruptcy may discharge all or most of your unsecured credit card debt however charging up more credit card debt after your bankruptcy is discharged will put you back to square one. You [...]

If you have filed a Chapter 7 Bankruptcy and decide to surrender your home or auto before the discharge of your case then you can file a statement of intentions. The amended statement of intentions will allow you to discharge any property you decided to surrender after you filed you Chapter 7 Case. However, in [...]

If you have rentl property that you have decided to surrender, then your tenant may be able to purchase the property if a lease purchase agreement is in place. Your bankruptcy Attorney will be contacted with request for the debtor to sign a Warranty Deed. Signing this Warranty Deed will allow the tenants to proceed [...]

Often people will think a case dismissal is the end of the road for saving their property. In reality there are still several options at your disposal to get your property protected. The time period that you have to work with is much smaller when the property you are trying to save is a vehicle. [...]

When a Debtor files a Chapter 13, all creditors who want to get paid anything (secured, unsecured, and priority) must file a proof of claim with the court. If a Creditor is scheduled to be paid direct that Creditor is not required to file a proof of claim in order for the Debtor to be [...]

When converting your case from a Chapter 13 to a Chapter 7, there is still some paperwork that needs to be taken care of. Paperwork needs to be updated as it relates to your property, whether or not you are keeping the property or if you are surrendering the property. When you convert to a [...]

If you are considering filing for bankruptcy there are a few things you can do ahead of time to make the process easier on you. The first thing you can do is make sure that you have filed all the necessary tax returns. The only years it is acceptable to not file are years that [...]

Events can happen while in a Chapter 13 bankruptcy that leaves a person little or no money for a period of time. Things that can create a scenario include loss of job, medical emergency, reduction in pay, and an increased mortgage payment. The first step in dealing with this situation is to contact your attorney. [...]

In general conversation people say ” I would never file a bankruptcy” And I agree with that statement. If life is good to you and you are always able to pay your bills that is great. The bankruptcy laws are there for the people that are not so lucky. Some of the people have never [...]