Bankruptcy Discharge

Can I get rid of Criminal Fines and Traffic Tickets in Bankruptcy?

07/18/11

Millions of tickets are dolled out every year, not to mention government penalties and fines.  Government tickets and fines are one of the most common forms of debt.  Can these be discharged through a bankruptcy filing?  In Chapter 7 bankruptcy, section 523(a)(7) of the Bankruptcy Code specifically states that fines and penalties owed to or [...]

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But I Thought I Surrendered My House in Bankruptcy!

07/17/11

I already gave up the house, why am I being billed by my HOA? As bankruptcy attorneys, we are all hearing this complaint from clients with increasing frequency these days. As counter intuitive as it may seem, we are today often asking mortgage lenders to hurry up and follow through with a foreclosure in a [...]

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How Does a Divorce Affect My Bankruptcy?

07/12/11

By: Aaron Huff Divorce filings and Bankruptcy filings often intersect.  In my years as an attorney practicing heavily in bankruptcy law, I have seen countless individuals in consultations where a divorce is an issue.  It is such a frequent occurence that I even list a “divorce decree” as part of the relevant documents in my [...]

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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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I have heard about certain debts that cannot be discharged? What are some examples?

04/22/11

When you receive a “discharge” under bankruptcy it means that you are no longer liable for your debts. This means you don’t have to pay them and a creditor cannot come after you anymore. However, there are some debts which are considered “nondischargeable” under bankruptcy law, meaning that you cannot discharge your liability on these [...]

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What is an “Adversary Proceeding?”

04/21/11

An adversary proceeding is a separate lawsuit that takes place in the context of a bankruptcy filing. As the name suggests, there are typically two parties fighting over some issue that requires the bankruptcy judge to decide an issue in one way or another. Adversary proceedings can be initiated by the debtor, a creditor, or [...]

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