Debt collectors must stop after a bankruptcy filing or they commit one of several bankruptcy violations. It doesn’t matter whether it’s a chapter 7, chapter 13 or other chapter. The filing of a bankruptcy creates what is called an automatic stay. Collection stops because the U.S. Bankruptcy Code imposes the automatic stay with the force of a federal [...]
Tag Archives: Chapter 7
BANKRUPTCY: Is ADHD A Defense Against Not Disclosing All Assets?
Bankruptcy filing requires truthful, complete disclosure of all assets, income and debt. But, the bankruptcy petition, schedules and other forms go on for pages, presenting numerous questions and issues. One debtor claimed the medical condition of ADHD (Attention Deficit Hyperactivity Disorder) prevented him from comprehending everything, and that his failure to include everything was caused [...]
New Years Resolutions Legal Matters
Mayan calendar apocalypse failed to materialize. A New Year is here. Usual resolutions of losing weight, working out and other lofty goals are fine. But, here are some legal resolutions. Contribute to your own retirement unt. Different alternatives exist including 401K, SEPP IRA, Roth and others. But if you want to reduce tax liabilities and [...]
BANKRUPTCY: INCLUDE ALL ASSETS INCOME AND DEBT
People sometimes talk about “putting things into” a bankruptcy, or “not putting something into” their bankruptcy. In reality, bankruptcy law requires full complete truthful disclosure of all assets, income and debt. Often, various issues can be addressed in a beneficial manner as long as there is full disclosure. But, when people play ‘hide and seek’ [...]
BANKRUPTCY: Charge Off – What is it?
A “Charge off” is an accounting device used by creditors. Generally, if a debt has not been paid for 180 days, the original creditor will write off your debt, removing it from their books. It does not mean that the debt no longer exists or that you no longer have the obligation to pay. The [...]
DEBT COLLECTORS & ORIGINAL DEBT
Attorney Myers: I’m being sued in small claims court over a debt from a company I never heard of. I know that I have some past bills. I went through a divorce, an illness and a layoff. The name of the company that brought this claim in court against me is someone I honestly never [...]
Bankruptcy Schedules Focus on Key Categories of Filer’s Finances
Bankruptcy schedules, filed with the bankruptcy petition, each focus on one aspect of the filer’s personal finances. There are 10 schedules, each designated with a letter, from A through J. Schedule A – Real Estate Schedule A requires listing of all real estate owned on the date of filing. This is obvious with respect to a home, if the [...]
BANKRUPTCY: Means Test – Chapter 7
The Chapter 7 means test determines whether people are eligible to file chapter 7 bankruptcy relief. Failing the test requires filing a chapter 13, filing no bankruptcy or taking a closer look. First Step To Chapter 7 Means Test The first step is simple math. Add all gross income in the household during the six [...]
Too Broke To Go Bankrupt
I didn’t make up the title. Those words headline a CNN Money Magazine article on May 7, 2012. Quoted sources explain how the cost of filing bankruptcy steadily increased after passage of bankruptcy “reform” by the U.S. Congress in 2005. The so-called “Bankruptcy Abuse Prevention and Consumer Protection Act”, or BAPCPA, added more requirements to the [...]
Discharge of Student Loans in Bankruptcy: Exception to Rule
Discharging student loans in bankruptcy occurs only as an exception to the rule. Chapter 7 bankruptcy discharges garden variety unsecured debt, largely credit cards. But, student loans are different. To discharge student loans there must be proof that payment imposes an undue hardship as defined in bankruptcy law. Many courts follow a three part test: [...]
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Bankruptcy: What Address Do You Use For Creditors
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Name Wrong on Marriage Certificate
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AUTO INSURANCE IN MASSACHUSETTS
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LIENS ON PERSONAL INJURY CASES
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PERSONAL INJURY: Do-It-Yourself Follies
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MITIGATION OF DAMAGES IN PERSONAL INJURY
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Discovery in Civil Litigation
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Notice Requirements in Personal Injury Cases
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PREMISES LIABILITY LAW AND INJURIES
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DEIDRE: In answer to AVVO website posting: Thank you for y...
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