Bankruptcy Blog

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 [...]

All Debtors that file bankruptcy must attend a 341 hearing. The 341 hearing is also commonly referred to as Meeting of Creditors. The name can be deceiving because rarely do creditors show up for the meeting.
The Debtor must provide the Trustee with his Social Security card and a Driver’s License. If for [...]

Debtors that file bankruptcy and decide to surrender something often times will ask how long they have until the car is picked up or until their house is foreclosed on. The answer varies depending on if they file a Chapter 7 or Chapter 13 and if it is a house or a car.
If a [...]

Working in a law office, you come to rely on all the people around you. If one person fails to do their job correctly, it dominoes and causes everybody else to not be able to do their job properly or more work for somebody else.
In bankruptcy, there is a process that our office uses, [...]

While in active Chapter 13 bankruptcy, you are required to file a Motion to Incur Debt before you can purchase a vehicle. It is very important that you are in need of purchasing another auto because the Chapter 13 Trustee will require justified reason for purchase. Being bored with current vehicle and just wanted to [...]