Automatic Stay Protection

Bankruptcy Discharge

07/21/11

A bankruptcy discharge is one of the most common reasons for filing for bankruptcy.  A discharge releases you from personal liability for debts that qualify under federal law.  It is a permanent order granted by a bankruptcy court.  Any debts you successfully discharge in bankruptcy will basically disappear and your creditors can never come after [...]

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Can I File Bankruptcy Twice?

07/19/11

Can I File Bankruptcy Twice? Bankruptcy is a delicate legal process requiring skill and experience in order to avoid the many pitfalls inherent in the legal process. To get you through the process and navigate smoothly through the world of bankruptcy, you need an expert bankruptcy attorney, that is, an attorney who specializes in bankruptcy [...]

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What to do if a creditor sends you a Form 1099 trying to make income out of your discharged debt

06/22/11

Creditors who were discharged in bankruptcy are not supposed to send you 1099 forms because a bankruptcy discharge is not a taxable event.  Some do it in and out of bankruptcy in order to get you to pay a debt.  I think it is a violation of the automatic stay if done during the bankruptcy [...]

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The Good News about Bankruptcy: The Automatic Stay

04/21/11

In the majority of bankruptcy initial consultations I have conducted, I hear the same story. This story is about someone who has fallen on financial hard times. Many times, this story involves  the person recounting me about how they are paralyzed by the fear of impending lawsuits, garnishments, or foreclosure.  This story inevitably includes a comment [...]

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When Can Bankruptcy Stop Creditors From Taking My Property?

01/26/11

No doubt you have heard the terms “unsecured” and “secured” creditors? But what do these terms really mean? In reality, the concepts are quite simple. First off, a creditor is generally someone who is owed money. A common example is when you take out a bank loan. Here you owe the bank a certain amount…

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