Informational Blogs
An adversary proceeding is a lawsuit filed within a bankruptcy. It’s filed when someone in the process, such as the trustee, the creditors, or the filer, has a complaint with another party to the bankruptcy. It could be because one party thinks another party has violated the rules, or because one party believes they should not be held liable for…Read More
Finding a good bankruptcy lawyer is paramount to a good outcome in your bankruptcy case. An ideal outcome in a bankruptcy case would be getting as much debt relief as possible while getting to keep as many of your assets as possible. Your goal is to find the best experienced bankruptcy lawyer for You....Your goal should not be finding a lawyer who…Read More
The automatic stay is a bankruptcy protection that "puts the brakes on" so that creditors have to stop all collection efforts so that the Debtor (person filing bankruptcy) and the Bankruptcy Trustee have an opportunity to have a more time to evaluate the financial situation. When you file for bankruptcy, the automatic stay freezes collections activities in order to give…Read More
In a bankruptcy filing, you have a say in what you’d like to do with the debts you’ve listed in your filing. You must list all your debts, since the trustee needs to get an accurate picture of your financial obligations in order to do his or her job properly. You must list all your debts in bankruptcy, but you…Read More
There are 2 obvious reasons: A Chapter 13 is a great solution to stop wage garnishments. A Chapter 13 is a great solution to stop foreclosure on your house, save the house and cure the missed payments over time. There are four main factors that influence whether an individual can or should file Chapter 7 or Chapter 13 bankruptcy: your…Read More
Filing for bankruptcy can be a huge relief. The automatic stay protects you from collections activities, and you get a break from stressing out about debt and how to get all your bills paid every month. The creditors finally stop calling. You can keep your utilities on. The one thing that can wreck your calm in this moment is making…Read More
Fortunately and unfortunately at the same time, the Internet is a big place. Today, our firm received 2 phone calls from 2 different people in 2 different States presenting the following fact pattern: Apparently someone is randomly calling people and claiming to be attorney "Christopher Benson." The caller tells the recipient that a relative has been arrested. The caller tells…Read More
Whether you should file for Chapter 7 bankruptcy or a Chapter 13 bankrupcy depends on a lot of things: your income level, the type of debt you owe, how much property you own, and if you are at risk of losing vital services, like power, shelter, or transportation. Chapter 7 bankruptcy is total liquidation bankruptcy. That means you give up…Read More
A discharge is a court order that eliminates debt. When you receive a discharge after filing a bankruptcy case, that means that the debts that you brought to the court have been eliminated. Either the court has liquidated all your non-exempt assets to pay them off, your debt was reorganized into a payment plan and paid off, or you were…Read More
When you file for bankruptcy, creditors are prohibited from calling you or pursuing collection activities such as repossession or foreclosure thanks to something called the “automatic stay.” The automatic stay is a kind of legal pause button while you go through the bankruptcy process. It’s needed because in bankruptcy, the bankruptcy trustee needs time to prioritize your creditors and your…Read More