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Can Debtors Be Arrested for Not Paying Their Debts?

Archive for 2012

Can Debtors Be Arrested for Not Paying Their Debts?

Can Debtors be Arrested for Not Paying Their Debts?   Many debtors/clients inquire whether they can be arrested if they are unable to make payments on their debts.  Creditors sometimes threaten to come to their home and arrest them if they are unable to make their payments, even if they inform the creditor of their […]

Can Taxes Be Discharged Through Bankruptcy?

Are Taxes Dischargeable Through Bankruptcy?   Some taxes are dischargeable through bankruptcy, but some are not eligible for discharge due to the year the taxes are due and the timeliness of filing the taxes.  If income taxes are more than three years old, they usually can be discharged.  The three year time period is based […]

Changes in Circumstances While in a Chapter 13 Bankruptcy

A Chapter 13 Bankruptcy can last anywhere fromm 36 to 60 months.  Three to five years is a considerable amount of time and a lot of things can change.  There are a number of issues that may affect your bankruptcy.  Some of the most common changes that need to be addressed are: 1. Change in […]

Completing a Bankruptcy Petition

When filing for bankruptcy a petition must be filed.  If the debtor has an attorney the attorney generally fills out the petition based on information provided by the client.  The attorney will then meet with the client to have the individual(s) review and sign the petition.  While the attorney does fill this out, the debtor(s) […]

Alternatives to Bankruptcy

Many people go to extreme measure to avoid filing for bankruptcy.  There are a number of alternatives that people may consider that can actually be worse in the long run than filing for bankruptcy.  Below are a few examples. 1. Debt Consolidation Options.  There are a number of companies that will offer to consolidate your […]

Motion to Retain Insurance Proceeds

A Chapter 13 Bankruptcy generally lasts for a period of five years.  As we all know a lot can change in a five year period.  Over the course of five years debtors may marry, have children, need to purchase a vehicle, or even suffer damage to a home or vehicle already owned.  If a debtor […]

Myths and Truths About Chapter 13 Bankruptcy, Part IV

  Myths and Truths About Chapter 13 Bankruptcy, Part IV Myth:  If a house is jointly owned and in foreclosure, both parties on the loan must file Chapter 13 bankruptcy in order to save the house from foreclosure. Truth:  Both parties on the loan do not need to file bankruptcy in order to save the […]

Myths and Truths About Chapter 7 Bankruptcy, Part IV

  Myths and Truths About Chapter 7 Bankruptcy, Part IV Myth:  A debtor can dismiss a Chapter 7 bankruptcy if the Trustee finds assets. Truth:  In a Chapter 7 bankruptcy, it is not possible to voluntarily dismiss your case if the Trustee finds assets.  Generally, a debtor can voluntarily dismiss their case before discharge if […]

Residency Requirements

When considering filing for bankruptcy there are a number of things to consider.  Some of them will be related directly to paperwork, but many of the factors will be life decisions that might not seem related to your bankruptcy on its face.  One such example is the decision to relocate to a different state.  Moving […]

Non-Dischargeable Debts

Many people turn to bankruptcy for help when they are in over their heads financially.  Bankruptcy can take care of a number of debts, including unsecured creditors.  However, there are some types of debts that are not dischargeable through either a Chapter 7 or Chapter 13 Bankruptcy.  The list below is intended as guidance, not […]