In a way, both these programs are very much the same. They use the same basic forms and the same judge may hear both types of cases. Most importantly, they both share the same goal. Once the judge issues a discharge order, the debtors and their … [Read more...]
The Means Test
The Means Test in Bankruptcy Before 2005, persons seeking to file bankruptcy could generally choose between a Chapter 7 liquidation proceeding and a Chapter 13 reorganization. However, as a part of the revisions to the federal Bankruptcy Code in … [Read more...]
The Two Most Common Personal Bankruptcy Options
Your Personal Bankruptcy Options If you are considering filing for personal bankruptcy protection, you can easily be confused about the different options available to you. Here are the basic options for obtaining personal bankruptcy … [Read more...]
“Meaningful Review” by Collections Attorneys
U.S. District Judge Kevin McNulty, in the District of New Jersey, ruled last week in Bock v. Pressler & Pressler that a debt collection law firm violated the FDCPA (Fair Debt Collection Practices Act). The law firm apparently did not conduct a … [Read more...]
Questions to Ask Your Lawyer About Bankruptcy
Considering Filing for Bankruptcy? Here Are the Questions to Ask Your Bankruptcy Lawyer You’ve been working hard to get your financial life back in order, but still can’t see any light at the end of the tunnel. You’re thinking maybe it’s time to … [Read more...]
Pros and Cons of Bankruptcy
Considering Filing for Bankruptcy? Reasons for and Reasons Against Filing If you are struggling under a mountain of debt and you have been unable to get creditors to work with you, you may be considering a bankruptcy filing. Before you hire an … [Read more...]
Why Is Bankruptcy Called Chapter 13?
Why Is It Called a Chapter 13? So you are facing a mountain of debt, but have some income. Your attorney or a friend has recommended that you seek protection under “Chapter 13.” But what does that mean? Why is it called a Chapter 13 bankruptcy, and … [Read more...]
Bankruptcy — A Financial Decision, Not an Emotional Decision
Keeping the Emotions Out of a Bankruptcy Filing When you are struggling to put your financial affairs in order, you need to focus on financial matters. Far too often, people will let emotions interfere with financial decisions — they won’t make … [Read more...]
Factors That May Cause Your Bankruptcy Petition to Be Dismissed
If you are struggling to meet your financial obligations and have considered filing for bankruptcy protection, or if you are already in bankruptcy, you need to be careful not to engage in activities that will cause the bankruptcy court to dismiss … [Read more...]
What Debts Can Be Discharged Through a Chapter 7 Bankruptcy Filing?
If you are struggling to pay your bills, you may be considering bankruptcy as a way to get a fresh financial start.. There are limits, however, on what debts may be discharged in a Chapter 7 or Chapter 13 filing. You want to know what debts you can … [Read more...]