Bankruptcy Blog

After being in Chapter 13 Bankruptcy for 36 to 60 months, it is understandable that the debtor will be very anxious to receive their discharge after making their final payment to the Chapter 13 Trustee.
After the final payment on bankruptcy is posted then the Trustee must make a final disbursement of funds. This happens about […]

There are different hearings that must be attended by the Debtor’s attorney when a Chapter 13 is filed. One of the first hearings that must be attending is the 341 hearing of meeting of Creditors. The hearing is conducted at the Chapter 13 Trustee’s office and is usually an all day process for […]

Under the current Bankruptcy law, the U.S. Trustee’s office will do random audits of Chapter 7 and Chapter 13 bankruptcy cases. They have hired auditing firms to handle the audits and write a report regarding the findings. The auditing firm will send a letter requesting documents from the Debtor to perform the audit. […]

I have a client who filed a Chapter 7 and got her discharge over a year ago. In her bankruptcy she listed Wells Fargo as a creditor and stated she wanted to reaffirm the debt. However, Wells Fargo never provided her with a Reaffirmation Agreement. Now, her credit report is showing her […]

I had a client in here the other day, and I requested the address for her landlord since she is renting her house. She was reluctant to provide me the information and didn’t understand why I needed it. One of the Schedules that must be filed with the court lists any Executory Contracts […]

When a Debtor decides to file a bankruptcy, regardless if it is a Chapter 7 or Chapter 13, they must provide pay stubs or profit and loss for the previous 6 months. If a Debtor is not working a regular job where they receive pay stubs, they need to fill out a profit a […]

One of my clients is a multiple filer, and we had to file a motion to impose the automatic stay. The motion was denied, and the Debtor never made his appointment to discuss his options. Now, the day his paperwork is due, he calls the office and decides he wants to stay in […]

I had a hearing today for a Motion to Invoke the Automatic Stay. Before the hearing I explained to the client that there was a good chance the Judge wasn’t going to grant the motion. As I had predicted, the Judge denied the motion. Now, the client is still in a Chapter […]

Most people don’t quite understand how property taxes work. The taxing authorities have a lien on a Debtor’s house at the first of the year, therefore; property taxes are considered a secured debt. If a Debtor is behind on their taxes when they file a Chapter 13 bankruptcy, the back taxes must be […]

Yes the bankruptcy laws changed in October 2005. A chapter 7 bankruptcy is still a way to discharge unsecured debts, meaning credit cards medical bill, cars that have been reposed, Broken apartment leases, And many other similar type debts. You will not lose your home or car by filing the bankruptcy. Yes you […]