Bankruptcy Discharge

Should I Sign a Reaffirmation Agreement?

03/19/13

Your mortgage lender is demanding that you “reaffirm” a mortgage note on your residence in your bankruptcy case. Should you agree to do so? First the basics: There are two parts to your agreement with the mortgage lender regarding your residence. The first part is the note, your promise to repay the amount of money [...]

The post Should I Sign a Reaffirmation Agreement? appeared first on National Bankruptcy Forum.

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Get It Back! Fixing a Fraudulent Transfer Before Bankruptcy in the 9th Circuit

07/10/12

As I recently wrote on the Bay Area Bankruptcy Lawyer Blog, perfectly honest consumer debtors sometimes make the mistake of transferring an asset to a friend or family member before filing bankruptcy.  This can happen innocently enough, as for example, where a debtor gives an old car of little value to an adult child months [...]

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Dealing With a Financial Surprise

05/24/12

There are two typical types of financial setbacks that lead to bankruptcy for most people: a huge surprise, and a slow and steady increase in debt.  If you are on the surprise side of things, as many of us are from time to time, it is important to follow several important steps.  If you just [...]

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Seventh Circuit: Attempted Murder Debts Not Dischargeable

05/09/12

The right to a bankruptcy discharge is not absolute The right to a bankruptcy discharge is not absolute. For example, debtors who fail to keep adequate records, hide assets, incurred debt based on false pretenses, rack up credit card debt in bad faith or who are generally dishonest with the court are precluded from receiving [...]

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Seventh Circuit: Attempted Murder Debts Not Dischargeable

05/09/12

The right to a bankruptcy discharge is not absolute The right to a bankruptcy discharge is not absolute. For example, debtors who fail to keep adequate records, hide assets, incurred debt based on false pretenses, rack up credit card debt in bad faith or who are generally dishonest with the court are precluded from receiving [...]

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Don’t Get Fired By Your Bankruptcy Attorney

05/01/12

Lets be honest about one thing, the paperwork requirements for preparing a bankruptcy case are significant. It is very much like filing a tax return in terms of the detail required. Speaking of tax returns, see to it that all the returns that are due are filed before you meet with Bankruptcy Counsel. We are [...]

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“Friendly” creditor phone calls and e-mails held to violate the bankruptcy discharge

04/30/12

Collection Efforts Prohibited by Bankruptcy Discharge Once you file for bankruptcy and receive your discharge order from the court, creditors are prohibited from attempting to collect on debts that were included in your bankruptcy, period. Section 524(a)(2) of the Bankruptcy Code explains that a bankruptcy discharge “operates as an injunction against the commencement or continuation [...]

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The Length of Time It Will Take to Rebuild Your Credit – With or Without Bankruptcy

04/10/12

Clients are always concerned about their credit score.  It is not unusual for the question “How will bankruptcy affect my credit score?” to be the first thing that comes out of someone’s mouth when they consider bankruptcy as an option.  Although bankruptcy does have an effect on your credit, the effect may not be as [...]

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T-Boz’s Bankruptcy Case Dismissed

04/03/12

In a high-profile example of the bankruptcy court’s discretion over your bankruptcy case, former TLC member T-Boz, whose real name is Tionne Watkins, was thrown out of bankruptcy court.  Can this happen to you? T-Boz had filed a personal Chapter 13 bankruptcy, claiming more than $750,000 in debts to various creditors.  But instead of granting [...]

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