Chapter 7 Bankruptcy: Why is My Bank Account Still Frozen?

If you’ve filed for Chapter 7 bankruptcy, you case is complete and you have received your discharge of debt, you’re probably dancing on the rooftop – or at least on a countertop! That is, unless you have lingering issues such as a bank account that is mysteriously still frozen. If your Chapter 7 bankruptcy is […]

Bankruptcy & Your Home Business

If you run a small business from your home, you’re probably wondering if you need to include it in your bankruptcy filing. If you are declaring Chapter 7 bankruptcy on your personal debts, do you have to get your small business involved? This is another specific situation that may require different actions depending upon your […]

Chapter 13 Bankruptcy: Can I Strip a Second Mortgage?

When filing a Chapter 13 bankruptcy, you may be able to strip a second mortgage if there is no equity in your home after the first mortgage. In this instance, the second mortgage can be treated similar to any other unsecured lien (like a credit card debt) and the debtor could end up paying little […]

Does a Quit Claim Deed Provide Release from a Mortgage Note?

Being an adult is hard sometimes. And one of those times occurs when there’s a shortage of money, relationships have ended, property has been divided (theoretically) and someone is filing bankruptcy. In some cases, it can seem like you’re being pressured from all sides to do something that you don’t even understand. One such situation […]

Lease-to-Own Property and the Chapter 13 Bankruptcy

There are all kinds of ways to get overwhelmed by debt. You might start off with a little bit of credit card debt, and then add a mortgage. A little while later you may throw in an auto loan or two. Along the way, you may be very friendly with your credit cards and they […]

Stopping Wage Garnishment During Bankruptcy

Wage garnishment can cause major financial trouble. For those already considering filing for bankruptcy, it can be a catastrophe. That’s why it’s so important to know your rights regarding wage garnishment, bankruptcy, and stopping wage garnishment during bankruptcy. If you have filed for bankruptcy and your wages are still being garnished, you most likely want […]

California Bankruptcy: Can I Keep My Car?

If you file for bankruptcy, do you have to give up your car? This is one of the two most commonly asked questions by potential bankruptcy petitioners, the other being about the loss of the house. In some cases, the bankruptcy has been postponed out of fear of this particular loss. Maybe you’ve never been […]

Can a Bench Warrant be Issued for Failing to Show up for a Debtor Exam?

At times, consumers just like you get in touch with very specific cases that they are sure no one else has ever had to deal with. In almost every instance, it is not the first time the question has been posed. For instance, can a bench warrant be issued for failing to show up for […]

Hanging Onto Your House When Filing Chapter 7 Bankruptcy

The main concern of many bankruptcy petitioners is their home. They know that bankruptcy is their best (or only) means of solving their financial situation, but they don’t want to lose their house. Many are willing to go to extreme measures not to lose their home. Consider this real life example: Jane McCadden is considering […]

Wage Garnishment After Filing for Bankruptcy

No one likes his or her wages to be garnished and everyone wants money that was garnished to be returned. Those are just the facts. But depending on when your wages were garnished, what stage of the transfer process the funds were at when they filed, and whether or not certain motions are filed, you […]

Exiting a Chapter 13 Bankruptcy Plan Early

The Chapter 13 bankruptcy is designed for bankruptcy petitioners who have a regular income. The Chapter 13 allows a debtor to keep property and pay debts back over a predetermined period of time, usually 3-5 years. It’s often referred to as a wage earner’s plan. Petitioners work alongside the bankruptcy court to develop a plan […]

When Creditors Ignore Your Discharge of Debt

The purpose of filing for Chapter 7 bankruptcy is to immediately enact the automatic stay and eventually obtain the discharge of debt. What happens when you go through legal channels to obtain both these powerful protections through bankruptcy filing and creditors ignore their legal implications? If you are being harassed by creditors in spite of […]

Selling Your Car Before Filing for Bankruptcy

One of the common issues that occur when someone decides they’d like to consider filing for bankruptcy is that they recently sold their car. In most cases, they did so because they needed the money. They were trying to figure their way out of their financial situation by coming up with additional funds. It seems […]

HOA’s and Bankruptcy: Past Due HOA Dues

The Homeowners’ Association: some love them, some hate them, some put up with them as a necessary evil. Regardless of how or why you ended up in a community that charges homeowners’ association dues or fees, they aren’t something to dismiss out of hand. In fact, ignoring the payment of regularly due homeowners’ association fees […]

A Mixup with the Ex, an Unpaid Debt and a Lien on the House

Sometimes people come to bankruptcy attorneys with particularly sticky situations. One of the most common types of “sticky” situation following divorce comes when unpaid debt of one party affects the other party negatively. In fact, in some cases, the ex’s unpaid debt can result in a lawsuit that can cause a lien to be placed […]

Having Your Wages Garnished for a Debt Discharged Through Bankruptcy

The purpose of filing for bankruptcy is to get out from under an impossible amount of debt. In fact, when filing Chapter 7 bankruptcy, a successful ending will find the bankruptcy petitioner holding a discharge of debt that does just that. It discharges all eligible debt associated with the bankruptcy. When a debt is discharged […]

I Owe More Than My Motorhome is Worth: What Should I Do?

We’ve all made mistakes. And we’ve all made good decisions that in the long run, had negative consequences. No matter how we go about predicting the future: algorithms, statistics, tarot cards…sometimes we’re wrong because the future has a way of coming at you when you least expect it. Sometimes the unexpected comes back at us […]

My Ex Filed Bankruptcy and Left Me Holding an Unpaid Medical Bill

Throughout the normal course of life, many of us end up having major medical emergencies, chronic conditions, etc. These situations can leave behind heartache, pain, and…financial disaster in the form of massive medical bills. Sometimes this can lead to bankruptcy. In fact, major medical bills are one of the commonly cited reasons for filing bankruptcy. […]

Bankruptcy Means Test: Can I Deduct My Boat Payment?

A big part of determining eligibility for bankruptcy protection is the means test. So when a bankruptcy petitioner has questions about the means test, we take them seriously. Not only is it vital that all the information is accurate, but it also has to be extremely thorough. When it comes to bankruptcy, a lie of […]

Planning Your Bankruptcy…and Your Wedding?

When planning your wedding, hopefully debt and bankruptcy and financial trouble don’t need to be a part of the discussion. In a perfect world, the conversation would revolve around the flowers, the dress, the venue, the guest list, and…the wedded bliss soon to come! But sometimes, affianced couples DO have to worry about some of […]