Here’s What You Need to Know about the Discharge of Your Debts under Chapter 7
The point of filing bankruptcy is to get relief from your debts. So, when and how DO those debts get “discharged”–legally written off–in a regular Chapter 7 bankruptcy?
What Happens to Your “General Unsecured Debts” in Chapter 7?
Your “left-over debts”–those which are neither secured by collateral nor belong to any of the special “priority” categories–often don’t drive the decision about whether to file Chapter 7 or 13. But you still need to know how these “general unsecured debts” are handled under these two options.
The Most Basic Concept in Bankruptcy: Debts
The most practical questions you likely have if you are considering bankruptcy is what it will do to each of your debts.
The U. S. Trustee–The Behind-the-Scenes Bankruptcy Administrator and Hope-You-Never-Meet Enforcer
I know who my bankruptcy trustee is, but now who is the ”U. S. Trustee”? You’re about to file a Chapter 7 or Chapter 13 case. You know in a Chapter 7 that your bankruptcy trustee is the person who looks over your paperwork and talks with you for a few minutes, mostly to decide […]
A Big Benefit to Owing Lots of Business Debt: Skip the “Means Test” and Qualify for Chapter 7
If you owe more business debt than consumer debt, then you can avoid not only the “means test” but also some other roadblocks to a successful post-business Chapter 7 bankruptcy case.
A Happy Chapter 7 Trustee Means a Happy Chapter 7 Case
My goal with our Chapter 7 clients is to provide a smooth path through bankruptcy to a fresh and clean start. The way to get there is to do what it takes to keep your Chapter 7 trustee happy. We keep the trustee happy by making it easy for him or her to do his […]
Do I Have Any “Priority” Debts and Why Are They Such a Big Deal?
As you likely know, all your debts are not treated equally in bankruptcy. Most debts can be discharged (legally written-off), but some can’t, or can only be under certain circumstances. Some debts are unsecured while others are secured by collateral. How the secured debts are treated depends on the collateral’s value, and whether you are […]
Reasons to Do a Short Sale? Maybe Not
Besides avoiding a foreclosure and its hit on your credit record, you may have other sensible reasons for looking into a short sale of your home. Let’s consider those other reasons.
“Automatic” Protection from Your Creditors
Many bankruptcy attorney ads in periodicals here in the South Florida area say: “Stop garnishments.” “Stop foreclosures.” “Stop repossessions.” So bankruptcy stops all those bad things. But is it as good as it sounds? How does it really work? There’s nothing more important than getting immediate protection for you, your paycheck, your home, and your […]
Audit Shows Capital One Bank Illegally Filed $24.7 Million in Claims for Debts Previously Discharged in Bankruptcy
One can understand if a major U.S. credit card company forgets that one of its customers had earlier written off their debt in bankruptcy. But forgetting this very important fact for 15,500 of its customers?!? It is bad enough that Capital One lost track that its old debts had been legally written off (“discharged”). […]