Bankruptcy Blog

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 [...]

When a person files bankruptcy, they often hear words that they don’t quite understand what they mean. One of the main things that is talked about in bankruptcy and is almost assumed everybody knows what it means is “automatic stay.”
Automatic stay goes into place once the bankruptcy is filed and is the reason most [...]

When you file for bankruptcy, a stay is in placed by federal law. What this means, is that all your creditors that were hounding you prior to filing can no longer hound you. If they continue to call after they have received notice of your case being filed, they can be pursued for [...]

While in Chapter 13 bankruptcy, you may fall behind on one or more of your direct payments accounts with secured creditors. Primary source of this delinquency is post petition mortgage arrears. Your mortgage company will file a Motion for Relief from Stay and this matter will generally be resolved by the signing of Agreed Order [...]

If you need to terminated the ACH (auto bank draft) for your Chapter 13 plan payment then you must submit your request no less than 5 days prior to the debit date. If you plan to resume the ACH then you must be current on your bankruptcy plan payments then the trustee will start on [...]