Bankruptcy Blog

An interesting question came up today about court fines. This debtor wanted to know if court fines would be taken care of through his bankruptcy and if he could add them. I explained to him that they would need to be listed for a debt that he owes, but this type of debt [...]

Once you come into our office and pay us a retainer fee you can start referring creditors to our creditor hot line. Some times this does not always stop creditors from calling and you begin to receive nasty threatening calls. What you do from this point forward is to take their name and [...]

Emergency filings are filed frequently to stop a foreclosure. However, once the case is filed the rest of the paperwork needs to be filed within 15 days or the Bankruptcy Court will dismiss the case.
For some reason, I have Debtors that will file a bankruptcy and then not show up to any more appointments [...]

Unfortunately, while in Chapter 13 bankruptcy you must be able to justify to the Chapter 13 Trustee that you can afford the incurred monthly debt of vehicle. Some other options you may have is to purchase inexpensive vehicle of cash until you become gainfully employed and can justify the monthly expense to the Chapter 13 [...]

After discharge of your Chapter 13 or Chapter 7 bankruptcy the collection of any discharged debt is a Stay violation. If you are contacted via phone or mail from a collector, for debtor discharge in bankruptcy, then you should contact your attorney’s office to have stay violation filed with court. This will heed as warning [...]

Many people don’t understand there are different burdens of proof depending on the circumstances. The one most commonly known is beyond a reasonable doubt. This standard is used in criminal cases. Most people understand the meaning of beyond a reasonable doubt.
There are two other proof of burdens that are used in civil [...]

I filed a Chapter 13 bankruptcy for a Debtor who had two previous bankruptcies in the last year; therefore, I had to file a Motion to Invoke the Automatic Stay. The filing of the bankruptcy does not automatically afford him the protection of the automatic stay. Since he has had two previous cases [...]

There are some occasions when Debtors need to have a telephonic hearing. When you file for bankruptcy, it doesn’t matter which one, a Chapter 7 or a Chapter 13, you have one mandatory meeting that you have to attend. The meeting is about 30-45 days from the date of filing, so anything can [...]

There are occasions when a Debtor is unable to attend a 341 hearing. The Trustee will usually reset a hearing once if the Debtor has a good excuse for not attending. If the Debtor fails to appear at the second hearing, the Trustee will file a Motion to Show Cause.
However, in extreme circumstances, [...]

When a Chapter 13 bare bone case has been filed we have 15 days to get the rest of the paperwork and get the schedules filed with the courts. The problem that you run into is reaching your clients to get back in when they have missed appointments. I had three clients this [...]