Chapter 7 Bankruptcy

IRS Beats Debtor to the Punch; Assessed Taxes Not Dischargeable

05/01/12

Filing timely tax returns is key if you wish to discharge tax debt in bankruptcy It is possible to discharge income tax debt in bankruptcy, however, not all taxes are eligible and timing plays a very important role. If you’re anticipating tax troubles on the horizon, it is always best to go ahead and file [...]

[more]

Can I be Denied a Job Because of Bankruptcy? The Answer May Hinge on Whether Your Employer is Public or Private

05/01/12

I Need to File Bankruptcy, But I’m Worried About My Job… If you have a job, need to file bankruptcy, and are worried about getting fired because of it, you probably shouldn’t be. The bankruptcy code prevents employers from firing you just because you have filed for bankruptcy. However, if you are a job seeker, [...]

[more]

“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 [...]

[more]

How to Avoid Bankruptcy

04/26/12

I’m Deep in Debt, How Can I Avoid Bankruptcy? Let’s face it, no one wants to file for bankruptcy, however, in certain circumstances bankruptcy is the best solution for dealing with debt that has gotten of control.  In this post, we’ll provide some helpful tips for those of you who are dead set on avoiding [...]

[more]

If the ebt

04/24/12

If the ebt wsa discharged in your BK, you are not liable. Additionally, the company seeking to enforce the debt may be liable for violating the discharge order. You may be entitled to monetary damages. You should consult with a BK attorney in your jurisdiction.

[more]

Does the Means Test Violate the First Amendment?

04/23/12

Does the Means Test Violate the First Amendment? The bankruptcy means test, a much-maligned formula for determining chapter 7 eligibility, has been criticized on many grounds since it’s enactment as part of the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA). Critics in the consumer bankruptcy bar are quick to point out inconsistencies, contradictions [...]

[more]

Southern District of Florida Bankruptcy Information

04/16/12

Southern District of Florida Bankruptcy Information Although bankruptcy courts are part of the federal system, practice and procedure can vary greatly by jurisdiction. Florida, as one of the largest states in the country, has three federal districts (northern, middle and southern districts),  each with Bankruptcy Courts organized by division. The 94 federal judicial districts in [...]

[more]

Yes

04/15/12

Yes

[more]

HSBC Reaffirmation Agreements Don’t Quite Add Up: Are the Errors Intentional?

04/11/12

Problems With Reaffirmation Agreements of HSBC Subsidiary A couple months ago, I got a call from a prospective client (who we’ll call Jim). At the time he called, Jim was involved in a pro se adversary case involving a dispute over the terms of a reaffirmation agreement. As I learned more and dug deeper, it [...]

[more]

How Bad is Bankruptcy For Your Credit?

04/10/12

What stops people from filing for bankruptcy? Is it fear, pride or a belief that declaring bankruptcy is in some way unethical? If you stopped and asked 10 people on the street for the number one reason not to file bankruptcy, most would mention damage to their credit. How Bad is Bankruptcy For Your Credit? [...]

[more]