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Category: Chapter 7

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Chapter 7 Bankruptcy: Can it Save a Home from Foreclosure?

There are a lot of Americans who have, at one point or another, fallen behind on their mortgage payments. In some cases, the lender or mortgage company may consider working with the homeowner to work out a deal to catch up or get out of an upside down mortgage (i.e. short sale or loan modification). […]

Chapter 7 Bankruptcy Questions: Can I Keep My Car When I File?

One of the common reasons that people have for putting off filing for Chapter 7 bankruptcy even though it is their only choice in their given financial situation, is that they want to keep their car. Most even go so far as to say that they NEED to keep their car. Some would argue this […]

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 […]

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 […]

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 […]

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 […]

Purchasing a Vehicle Before Receiving Bankruptcy Discharge

There are many bankruptcy petitioners who fear the consequences wreaking havoc on their ability to have a vehicle and stay mobile. Bankruptcy laws may leave petitioners aware that they can’t keep the vehicle they have currently (for a number of different reasons), but equally aware that they will need a car to get around. This […]

Signs That You May Be Headed for Chapter 7 Bankruptcy

You may think that it should be obvious if you are headed for the type of financial situation that requires a bankruptcy filing. But in many cases, a number of issues come to a head at the same time, leaving consumers confused and unsure about where they are and if bankruptcy is on their horizon. […]

Converting Chapter 13 to Chapter 7 Due to Divorce

If you are in the midst of a Chapter 13 bankruptcy plan and you find yourself facing a divorce, you don’t want to add to the emotional stress with financial stress that can be avoided. Divorce typically comes with some major financial changes: two households instead of one, spousal maintenance, child support payments, etc. These […]

Converting Your Bankruptcy: Chapter 13 to a Chapter 7?

Talking to a bankruptcy attorney is imperative when considering converting a Chapter 13 to a Chapter 7. There are many different issues you need to be aware of before you make this decision. If you are in a Chapter 13 Bankruptcy there is a possibility that converting to a Chapter 7 could be beneficial. Many states […]

The Bankruptcy Process: Chapter 13, Foreclosure & Chapter 7

There are several things you must consider before walking away from your home after filing Chapter 13. In a Chapter 13, your mortgage payments are rolled back into the loan, making the mortgage current. This is called a loan modification – eliminating any past due payments. The bankruptcy trustee assigned receives payment from the individual […]

Southern California Bankruptcy: How Exactly Does this Work?

Filing bankruptcy is intended as a protection for consumers from overwhelming debt. It seems simple at the outset, but it’s like having a house built. If you’ve never done it before, it seems like a simple concept. You look at them and then decide which one you like best and hire the builder to complete […]

Your Credit Union and Your Bankruptcy

Credit unions are allowed special circumstances in regards to a member filing a bankruptcy.  If debt to a credit union is included in a Chapter 7 bankruptcy there is no hope for continuing current or future association with them or any other branch whatsoever.  Eliminating debt during a bankruptcy with a bank does not mean […]

Personal Bankruptcy: How Does it Affect a Trust?

When a trust is thrown into the mix, a personal bankruptcy can take on a whole different appearance. First and foremost, it is essential that you are aware of who is in control of the trust assets. Although you are able to file bankruptcy on your own, having an attorney to walk you through all […]

Who Can Collect on My Home Loans Post-Bankruptcy?

After filing for Chapter 7 bankruptcy, you receive a discharge of debt. Many who do so, continue to pay their mortgage payments (and second mortgage payments) even though they did not reaffirm the debt during their bankruptcy. This means that they did not agree to continue paying according to the terms of the original loan. […]

Are Homeowners Eligible to File Chapter 7 Bankruptcy?

The two most common bankruptcy options are: Chapter 7 bankruptcy and Chapter 13 bankruptcy. Many individuals worry about filing bankruptcy for fear that they will lose their house. Others, who have learned they don’t have to lose their house when they file for bankruptcy, still think that they have to limit their options to a […]

Can You File for Bankruptcy on a House that Your Ex Got in the Divorce?

Sometimes the FINAL divorce decree isn’t quite as final as we would have liked. In many instances, what seems cut and dry at the time of the divorce isn’t as simple as you thought. For instance, your ex may get the house in the divorce, but if it isn’t specified that they remove your name […]

Your Ex Gets a Bankruptcy Discharge, Are You Still Responsible for Paying as Agreed in the Divorce Decree?

You got divorced. Your final divorce decree separated your assets and your debt between you and your ex. Your ex removed your name from your joint accounts. The final divorce decree states that you need to pay your ex a certain amount per month or until the debt is paid off. Your ex declared bankruptcy […]

Forced to File Chapter 7 Bankruptcy: To Reaffirm or Not to Reaffirm?

If you are underwater on your house and find yourself past due on your mortgage, you may feel that your hand is being forced. You might feel that you have no other choice, but to file for bankruptcy. Feeling forced to file for Chapter 7 bankruptcy isn’t the best situation, but you do still have […]

Are Retirement Funds at Risk When Filing for Chapter 7 Bankruptcy?

If you find yourself retired, and looking towards a future on a fixed budget, you will probably be more wary of making large payments towards overwhelming credit card debt. Many in this situation waver back and forth over the decision of whether or not to use their retirement funds to pay off credit card debt […]