Chapter 13 Bankruptcy

I’m Not Current on May Car Payments, Do I Have Options in Chapter 13?

02/06/12

When you are considering bankruptcy, you have often been behind on payments for months.  You have run up credit card debt, and missed payments on your car and mortgage.  And now, perhaps your lender is threatening to repossess your car.  What are your options in Chapter 13 bankruptcy? In Chapter 13, unlike Chapter 7, you [...]

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Can Prospective Employers Deny You Employment Because You Filed for Bankruptcy?

02/06/12

Previously, I discussed the bankruptcy rule that employers cannot fire or otherwise discriminate against employees because they filed for bankruptcy.  However, I also mentioned the difficulty in sometimes proving the causation element between the filing and the discrimination, and the fact that a bankruptcy will still come up on credit checks and other types of [...]

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Chapter 13 Bankruptcy: The Hero Appears?

02/02/12

Chapter 13 Bankruptcy Basics As a Dallas bankruptcy lawyer, I help many clients that are looking for a way to resolve their debts. I find that most people prefer the shorter timeline of a Chapter 7 bankruptcy and don’t want to file for chapter 13 protection. As Lori Patton wrote on this forum: Very often [...]

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Wells Fargo Account Freezing Okay in Some States, Not In 9th Circuit

01/30/12

Wells Fargo Freezing Accounts of Bankruptcy Debtors For years, Wells Fargo has taken an unusual and sometimes unpopular stance with regard to the bank account funds that bankruptcy filers have at their branches.  Every evening, Wells Fargo checks the notices of new bankruptcy cases, and freezes the bank accounts of people who have filed bankruptcy [...]

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Are the Penalties for Violating the Automatic Stay Too Lenient?

01/30/12

The automatic stay protects consumers who file for bankruptcy One of the greatest advantages available to the debtor who is willing to consider bankruptcy as an option is the automatic stay.  The automatic stay orders creditors to refrain from collection practices immediately once a debtor has filed for bankruptcy.  But we all know that rules [...]

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Are Consumer Bankruptcy Attorneys Biased Towards Chapter 13 Bankruptcy?

01/27/12

Are Consumer Bankruptcy Attorneys Biased? In my experience, absolutely not. In fact, consumer bankruptcy attorneys are among the most dedicated the legal profession has to offer, performing what is sometimes a thankless job for people who are under tremendous stress both financially and emotionally. However, like any large group, there are areas that the consumer [...]

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Discharge of Debt

01/18/12

A debtor can obtain a discharge of debt by filing for bankruptcy.  A discharge of debt releases the individual’s personal liability for many types of debts.  A discharge prevents creditors from making any collections efforts upon the debtor including phone calls, letters, and threats.    Many types of unsecured debt can be discharged, including credit [...]

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