Bankruptcy Discharge

Dismissals by Interested Parties

12/04/11

Bennett v. Bennett (In re Bennett), No. 09-44442-BDL (Bankr. W.D. Wash., January 19, 2011). When you file for bankruptcy, any “interested” party can ask the court to dismiss your case.  If the court finds that you abused the bankruptcy laws, by lying or hiding assets, the court will agree and dismiss the case.  You will [...]

[more]

The Power of the Bankruptcy Court

12/04/11

 In re: Moser, No. 09-11945 (Bankr. N.D. Calif., May 18, 2011). In your interactions with the bankruptcy court, it is important to be as kind and respectful, and honest as possible.  The bankruptcy court has a lot of discretion in making important decisions that will influence your life for a long time.  It is not [...]

[more]

When Creditors Come Calling After Your Bankruptcy Discharge

12/02/11

Whether it’s receiving a discharge under chapter 7 or chapter 13, the result is the same: you do not owe anyone, any amount, on your unsecured non-priority debts that existed prior to filing. If you listed it and you received a discharge, then you are no longer responsible or liable for that debt. Most people [...]

[more]

How Much Control Do Bankrupt Dodgers Have Over Baseball Decisions?

11/26/11

How Much Control Do Bankrupt Dodgers Have Over Baseball Decisions?   Not long ago, the Los Angeles Dodgers filed for bankruptcy.  This move was controversial, and concerned many baseball fans.   As sports fans are well aware, good players demand high salaries.  But can the Dodgers renegotiate salaries, and make other financial decisions, while going through [...]

[more]

Can I discharge back utility bills through the bankruptcy process?

11/25/11

When people are current with their utility bills, utilities rarely become an issue in bankruptcy.  That is because Section 11 U.S.C. § 366(a), prohibits utility companies from discriminating against people based solely on bankruptcy filing.  However, often being current is not the case and people seek to discharge their back utilities debts through bankruptcy. You [...]

[more]

What is a Lien strip?

11/11/11

What is a Lien strip? A Lien strip is possible only in a Chapter 13 bankruptcy and only if the fair market value of the property is less than the total amount of money due on the first mortgage. In that case a second and third mortgage if any can be stripped off the house. [...]

[more]

How A Bankruptcy Lawyer Can Help Clients Discharge Debts

10/13/11

Chapter 13 bankruptcy may provide some relief to borrowers overwhelmed with debt. Often, the most significant benefit that bankruptcy offers is the discharge of debt. The discharge releases the debtor from all debts included in the bankruptcy. Under current bankruptcy law, creditors included in the bankruptcy may not initiate or continue any legal or other [...]

[more]

Life After A Bankruptcy Discharge

10/03/11

If you have recently sought bankruptcy protection, you might be wondering, what now? Or maybe you are considering filing for bankruptcy and wonder what happens after your debts are discharged. As a bankruptcy attorney in Dallas, I teach my clients that there are three main factors of importance after a bankruptcy discharge. Your Debts A [...]

[more]

Not disclosing and transfer of assets led to denial of discharge

09/27/11

Nothing new we learned from a recent court decision (In re Dandrum, Bankr. D.ND. August 19, 2011): The debtor has to take his duty to disclose transfers before filing and to list income and assets accurately seriously or risk denial of discharge (and even more severe consequences). Debtor failed to disclose assets and transfers on [...]

[more]

Condo and subdivision fees: Are Association fees dischargeable or not?

09/27/11

In short the debtor is responsible for assessments as long as the debtor is the owner of the property. In a chapter 13, the debtor who wants to keep his property wants to add the pre-petition assessment fees into his plan if they are delinquent. The assessment is normally secured by the property. State law [...]

[more]