chapter 7

Chapter 7 Bankruptcy Usually Will Not Stop Ongoing State Court Litigation To Establish Debtor Liability

09/27/11

There is some confusion about the automatic stay; some debtors don’t anticipate exceptions to the effect of bankruptcy upon their creditor actions. Bankruptcy stops collection of debts, but bankruptcy does not always stop creditor’s ongoing lawsuits to establish a judgment and their right to collect money from the debtor.

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Jefferson County Trying to Avoid Bankruptcy

09/16/11

Jefferson County, Alabama, has been on the brink of bankruptcy for months now.   The County Commission voted recently to hire two bankruptcy attorneys to handle a potential filing, and has projected that a Chapter 9 filing would cost the county about 1 million dollars a month. The county has not made full payments to bond [...]

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Chapter 7 Debtor Can Lose Right To Amend Schedules

09/11/11

If the debtor and his attorney screw up the debtor’s exemption on his bankruptcy schedules the attorney usually can fix the problem by amending schedules. A bankruptcy court found that the right to amend can expire at some point in the bankruptcy case where the debtor and his attorney wait too long to amend.

 The particular case involved a Chapter 7 bankruptcy in which the debtor claimed the $4,000 wildcard exemption as to his personal property.

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How Do I Choose A Good Bankruptcy Attorney?

09/07/11

Characteristics of a Good Bankruptcy Attorney If you’re faced with the unfortunate task of filing for bankruptcy, there’s nothing more important than having a highly qualified Arizona bankruptcy attorney by your side. Not only do reliable bankruptcy attorneys help seamlessly guide you through the process, but they can also make sure you get the full benefit [...]

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Chapter 13 vs Chapter 7

08/30/11

Chapter 7 vs. Chapter 13 Bankruptcy Through years of practice, I have lost track of how many times I am asked the question, “What is the difference between Chapter 13 bankruptcy and Chapter 7 bankruptcy, and what is the best option for me?”  Every time that I am asked that question, I give the same [...]

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Should I Convert My Chapter 13 to Chapter 7?

08/24/11

Most Chapter 13 cases are not successfully completed and discharged.  This means that there are many individuals who file for Chapter 13 and find themselves unable or unwilling to continue.  Can these filers convert to Chapter 7?  Should they? If you are eligible for Chapter 7 bankruptcy, section 1307(a) of the Bankruptcy Code permits you [...]

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Identify Theft in Bankruptcy

08/20/11

Identity theft, the use of another’s personal information for fraud or deceit, is unfortunately a widespread problem.  And a significant number of bankruptcies involve identity theft as well.  Examples include the filing of bankruptcy with another’s name or listing another person who is in bankruptcy on a deed to avoid foreclosure. Often, identity thieves want [...]

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When Would I Convert from Chapter 7 to Chapter 13 Bankruptcy?

08/20/11

Although debtors are typically required to pay at least some of their unsecured debts in Chapter 13, and are required to complete a plan, it may sometimes be strategic to convert a Chapter 7 case to Chapter 13.  When would this be? If a creditor objects to your chapter 7 case, the court may dismiss [...]

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