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Recent Posts in Bankruptcy Category

  • What happens in a Chapter 7 Bankruptcy?

    When someone is thinking about filing Chapter 7 bankruptcy one of the first questions they usually ask is "what will happen during the bankruptcy?" When you file a Chapter 7 bankruptcy you must list all of your debts and all of your assets. You must also take a pre-filing credit counseling course. You can take the course either online or in person. I give my clients a link that can be used to take ...
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  • Will Bankruptcy Stop Foreclosure?

    In most cases, bankruptcy will stop foreclosure. When you file bankruptcy the Automatic Stay found in 11 USC § 362 goes into effect. The Automatic Stay prohibits your creditors from proceeding with any collection activities against you including foreclosure, repossession, garnishment, collection calls, and collection letters. So once your creditors receive notice of your bankruptcy then they must ...
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  • Can I Use My Credit Cards Before I File Bankruptcy?

    Once you have met with a bankruptcy attorney it is best stop using your credit cards. The goal of filing bankruptcy is to receive a discharge (an order eliminating your debt) so you can get the fresh start you deserve. However, some debts are excluded from discharge including debts obtained by "false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor's ...
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  • Filing for Bankruptcy: What If I Don’t Have Any Assets?

    If you are struggling financially and are constantly being harassed by creditors over your overdue debts, you have likely considered filing for Chapter 7 bankruptcy as a means of relief. Chapter 7 bankruptcy is an invaluable legal tool which allows Americans to essentially push the restart button on their financial situation by liquidating certain assets to satisfy creditors, with any remaining ...
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  • Can I File My Own Bankruptcy?

    In the United States, people are given plenty of control over their own legal proceedings, including the option to represent themselves during personal injury claims, criminal defense trials, and even bankruptcy cases. For bankruptcy filing in particular, working with an attorney is entirely optional. But it is the same “entirely optional” as choosing to bring water for a hike into the desert; ...
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