One of the things that I like about being a bankruptcy attorney is the people meet and the stories I get to hear. Sometimes, those stories are cautionary tales. The other day I was doing a petition signing with one of my clients. She’s an older woman, almost near retirement age, in fact. She’s married,…Read more
Can I Eliminate Homeowner’s Association (HOA) Dues In A Chapter 7 Bankruptcy?
Getting Rid Of HOA Dues By Filing Bankruptcy A Chapter 7 bankruptcy will eliminate most, if not all, of your debts. Unfortunately, there are some exceptions, and in the case of homeowner’s association (HOA) dues things get a little complicated. Section 523(a)(16) of the Bankruptcy Code provides that HOA dues that arise after you file…Read more
Police Officer Charged with Bankruptcy Fraud
A Louisville, Kentucky man – who also happens to be a police officer – was arrested and charged with bankruptcy fraud. Specifically, he is being charged with falsifying a judge’s order. He is “accused of taking an authorization from a federal judge in July that allowed him to seek a line of credit of $18,200…Read more
What Should I Do if I Can Not Attend the Meeting of Creditors?
The meeting of creditor is a crucial step in the bankruptcy process. In fact, if you miss it, chances are high that your case will be dismissed. If you can not attend your meeting of creditors, you should let your attorney know as soon as possible. She will contact the trustee to see if she…Read more
What Kinds of Lawsuits does Bankruptcy not Stop?
Bankruptcy is a great tool if you have creditors on your heels, and you’re looking to get them to back off. You should know, however, that filing bankruptcy doesn’t stop all lawsuits or efforts to collect money. Bankruptcy will not stop the following actions: The prosecution of a criminal case; A paternity, child support, or…Read more
Who Gets the Notice of Bankruptcy Filing in My Case?
After your attorney files your petition, the bankruptcy court will send out a notice of bankruptcy filing. This goes to all of your creditors and serves notice of the protective order which puts in place the automatic stay. You will also get a copy of this notice. It includes important information, such as when and…Read more
Do Both Spouses Have to Attend Credit Counseling When Filing a Joint Bankruptcy?
Although a husband and wife may attend the same counseling session, each must obtain counseling and be issued separate certificates. You can find a list of credit counseling providers here.
What is an Insider in Personal Bankruptcy?
Knowing what an “insider” is when filing personal bankruptcy is essential when preparing the bankruptcy petition. Transactions with insiders during the year prior to filing the petition get special scrutiny. Such transactions, particularly the payback of loans, may be set aside by the bankruptcy court and result in a relative of yours having to pay…Read more
What Expenses Can Be Deducted from the Means Test in Chapter 7 Bankruptcy?
Navigating the means test is one of the most intimidating and complex parts of filing a bankruptcy petition. Debtors must complete the means test to see if they qualify to file under Chapter 7 or have to file under Chapter 13. The means test involves calculating one’s income and, if that income is above the…Read more
Colorado Attorney General Sues Regent Asset Management Solutions, Inc. in Consumer Protection Lawsuit
Colorado Attorney General John Suthers announced today that his office has filed a lawsuit against Regent Asset Management Solutions, Inc., a Denver-based debt collection agency, and its CEO, Michael A Scata, on suspicion that they engaged in the unlicensed collection of debt in Colorado and violated Colorado consumer protection statutes. According to the complaint, filed…Read more
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