An adversary proceeding is a lawsuit arising in or related to a particular bankruptcy case. It is commenced by filing a Complaint with the bankruptcy court, and is given a separate case number. The Federal Rules of Bankruptcy Procedure and the Local Bankruptcy Rules state which actions must be brought as adversary proceedings, and the…Read more

Of all the things that seems to intimidate my clients about bankruptcy, the “meeting of creditors” (also called the “341” meeting after the Bankruptcy Code section that sets forth its requirement), is near the top of the list.  The meeting of creditors is the only appearance that most of my clients will ever make during…Read more

When filing bankruptcy, it is important to know the difference between your secured and unsecured debt.  Secured debt and unsecured debt may be treated differently, particularly if your are trying to keep the collateral which secures the debt, like a car or home. Secured Debt: A secured debt is a debt that is backed by…Read more

When you file your petition, the “automatic stay” may take effect depending upon whether you have had more than one bankruptcy case pending and dismissed in the year before filing the current case. The automatic stay prohibits creditors from taking collection action against you or your property. The bankruptcy court issues a notice to all…Read more