Bankruptcy Blog Archives

Don’t be intimidated by some of the legal language that seems so Greek when filing bankruptcy. Below is a few more of the legal terms/hearings in bankruptcy that may assist you in understanding what the document and/or motion is stating: Confirmation Hearing: While in Chapter 13 you will be scheduled a confirmation hearing 45 days [...]

CCCS is short for Credit Counseling Certificate and it is necessary to have this certificate in order to file your case. The purpose of this course is to make sure that you understand the process and the difference between the Chapter 7 & Chapter 13. It also wants to make sure you understand your debt [...]

Many debtors feel overwhelmed by documents and the language of orders or motions filed with the court. Below is a few of the terms that many clients are confused or intimidated by: Automatic Stay is term used when referring to the protection for you & your property while in bankruptcy. The Stay protects you from [...]

What is the means test? This new tool is something that came about due to the new laws that changed in October 2005. The purpose of the means test is to see if you qualify to file a Chapter 7. If you don’t qualify under the Chapter 7, then you will have to file a [...]

Amongst many Debtors, there seems to be confusion about the difference between having the bankruptcy dismissed and having it discharged. The issue comes up most often for a Chapter 13 bankruptcy, but it is relevant in a Chapter 7 as well. If the case is dismissed, the Debtor goes back to owing all the debt [...]

The unsecured deficiency amount of your auto creditor claim is the balance of loan over the amount being paid in Chapter 13 plan. Under reform law, if you have purchased a vehicle at least 910 days prior to the filing of your bankrutpcy case then we can list the vehicle in your plan to be [...]

IN THE UNITED STATES BANKRUPTCY COURT District division IN RE: § § Debtor § CASE NO. Co debtor § Debtor(s) § DEBTOR’(S) MOTION TO AVOID JUDICIAL LIEN OF CREDITOR NAME TO THE HONORABLE JUDGE OF SAID COURT: COME NOW Debtor(s) in the above-captioned cause, and in support of this motion state that: I. Debtor(s) filed [...]

A hardship discharge of a bankruptcy case can be requested in the event that debtor or co-debtor has passed away leaving it impossible to successfully complete the Chapter 13 bankruptcy. A death certificate must be provided and an appointment with attorney be set to discuss all options. If the debtor with the primary income source [...]

I had a client ask me today which is better, discharge or dismissal. I explained to her that in a dismissed case your creditors can come back and collect the debt that you originally tried to seek relief from. When you received a discharge that means that you lose all the obligations to the credit [...]

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION IN RE: § § Debtor § CASE NO. § Debtor(s) § MOTION TO AVOID LIEN TO THE HONORABLE JUDGE OF THIS COURT: COME NOW, Debtor(s) in the above-numbered and styled cause, and file this Motion to Avoid Lien, and would respectfully show the Court [...]