Section 153(a) of Title 18 of the United States Code defines embezzlement of the estate as knowingly and fraudulently appropriating property of the estate to the person’s own use.  If a person embezzles, spends, or transfers any property or secretes or destroys any document belonging to the estate of a debtor, that person may be …Read more

If you can not afford Chapter 7 filing fees, you may qualify for a fee waiver.  The court may waive the fee only if your income is less than 150 percent of the official poverty line applicable to your family size and you are unable to pay the fee in installments. Your bankruptcy attorney will…Read more

Bankruptcy is intended to provide a fresh financial start.  However, if your bankruptcy attorney is not diligent, your financial past could come back to haunt you.  If you own a home and a creditor has gotten judgment against you, it’s very likely that it has filed a transcript of judgment with your county clerk and…Read more

One question that comes up from time to time with my clients is what will happen to someone who has a co-signed a loan for them.  This can be a big concern, especially if the co-signer was a  family member.  Of course, my clients wants, if possible, for the co-signer not to be on the…Read more

Occasionally, a debtor will find herself unable to complete a Chapter 13 bankruptcy plan for reasons beyond her control, such as unemployment or disability.  Under certain circumstances, such a debtor may request a “hardship discharge” which allows a debtor to complete her Chapter 13 bankruptcy before the term of the plan ends, and as long…Read more

When you file Chapter 13 bankruptcy, you are obligated to make payments toward certain debts for a period of 36 to 60 months.  You will not receive a discharge until all payments have been made. Section 1328 of the Bankruptcy Code provides: Subject to subsection (d), as soon as practicable after completion by the debtor…Read more

Under the Bankruptcy Code, a creditor may ask for a copy of the tax return that you are required to give to the bankruptcy trustee seven (7) days before your meeting of creditors. A creditor will typically be interested in your tax return to compare it with any information you provided to it in the…Read more

What happens if you don’t give your tax returns to the Chapter 7 bankruptcy trustee? Under the Section 521(e)(2(A)(i) of Bankruptcy Code, seven (7) days before the meeting of creditors (341 meeting) you must provide  a copy of the Federal income tax return required under applicable law for the most recent tax year ending immediately…Read more

Yesterday I was at a meeting of creditors with one of my clients.   She was dressed as though she were going to a job interview and had the paperwork that I asked her to bring and was ready with her Social Security card and driver’s license.  Even though she looked well prepared, I could tell…Read more