A trustee, creditor, or the United States trustee can ask the bankruptcy court to revoke a Chapter 7 bankruptcy discharge up to one year after the discharge has been granted or the case has been closed. Section 727(e) of the Bankruptcy Code provides: The trustee, a creditor, or the United States trustee may request a…Read more

Section 727(a)(5) of the Bankruptcy Code provides that a debtor’s bankruptcy discharge should not be granted if the debtor has failed to explain satisfactorily, before determination of denial of discharge under this paragraph, any loss of assets or deficiency of assets to meet the debtor’s liabilities. If a creditor shows that you can’t demonstrate where…Read more

Section 727(a)(6) of the Bankruptcy Code provides that the bankruptcy court may grant the debtor a discharge, unless, the debtor has refused, in the case— (A) to obey any lawful order of the court, other than an order to respond to a material question or to testify; (B) on the ground of privilege against self-incrimination,…Read more

Before your Chapter 7 bankruptcy discharge will be granted, you must complete a financial management course, and your bankruptcy attorney must file a certificate of completion for the course. Section 727(11) of the Bankruptcy Code states the court shall grant the debtor a discharge, unless: after filing the petition, the debtor failed to complete an…Read more

When your bankruptcy attorney prepares your bankruptcy petition, she will have to complete Schedule G – Executory Contracts and Unexpired Leases (also known as Official Form 6G).  Schedule G requires you to list all of your executory contracts of any nature and all unexpired leases of real or personal property.  Cell phone contracts are executory…Read more

Section 102(1) of the Bankruptcy Code states: “after notice and a hearing”, or a similar phrase— (A) means after such notice as is appropriate in the particular circumstances, and such opportunity for a hearing as is appropriate in the particular circumstances; but (B) authorizes an act without an actual hearing if such notice is given…Read more

A no asset chapter 7 case exists where there are no assets available to satisfy any portion of the creditors’ unsecured claims. A no asset case occurs when all of the debtor’s property is exempt from the bankruptcy estate.  If you have any nonexempt property, the trustee will likely auction the property and use the…Read more

When your bankruptcy attorney prepares your bankruptcy petition, she will have to complete Schedule F – Creditors Holding Unsecured Priority Claims (also known as Official Form 6F).  Schedule F requires you to list all of your creditors who are holding unsecured nonpriority claims. Examples of unsecured nonpriority claims are credit cards, hospital bills, and other…Read more

Once your Chapter 13 plan is confirmed, you and all of your creditors, are bound by its terms.  Creditors are bound even if they are not provided for in the plan. Bankruptcy Procedure Rule 1327 states: (a) The provisions of a confirmed plan bind the debtor and each creditor, whether or not the claim of…Read more