When you file either Chapter 7 or Chapter 13 bankruptcy, you’ll list whether your debts are secured or unsecured. Secured debts are debts where you have promised certain collateral, or property, against a loan. If you default on the loan, the creditor can repossess or foreclose on that property. Car and home loans are usually…Read more

While not typical, a creditor can object to having a debt discharged in Chapter 7 bankruptcy. One reason why a creditor might object is if you misled it when you applied for credit by, for example, misstating your income. Another potential objection is if you used your credit cards for luxury (non-essential) item within 90…Read more

The second we file your bankruptcy petition, the court issues a “protective order” that requires all of your creditors to stop any collection action. That includes lawsuits, foreclosures, and repossessions. It also includes garnishments, whether it’s your paycheck or bank account. While the good news is that bankruptcy will stop your garnishments, the not so…Read more

Every once in a while I get a call from someone who has filed their own bankruptcy case. I hate to say it, but inevitably they’re calling because somewhere along the line they made a mistake. Now they’re calling to get advice on how they can untangle the problem. While my policy is generally not…Read more

Most people who have done even a small amount of research know that Chapter 7 and Chapter 13 bankruptcy will eliminate most debts, but there is at least one additional benefit that Chapter 13 provides that few people who come in for a consultation know about. Chapter 13 will allow you to remove your second…Read more

You may not know this, but how many people you have living in your home can make a big difference when you file bankruptcy. During your first consultation with a bankruptcy lawyer, we’ll ask you what your income has been and the number of people living in your home. Using those two numbers, we’ll be…Read more

Let me be perfectly clear: Chapter 13 is a long-term commitment. Once we file your petition, you will make payments to the trustee for between three and five years. As soon as I mention that to my clients, the next question is usually, “what if I can’t make a payment?” That’s a fair question and…Read more