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Motion to Retain Insurance Proceeds

Archive for May, 2012

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 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 […]

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 […]

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 […]

Surrendering House Through Bankruptcy

You file bankruptcy and surrender your home through the bankruptcy. You do not have to worry about the house anymore right? Wrong! The bankruptcy takes care of your legal liability for the DEBT on the house. It does not remove your name from the deed of the property, meaning you are still the owner until […]

Filing Bankruptcy to Stop a Garnishment

If I file bankruptcy today will my paycheck still be garnished tomorrow? The short answer is yes.  However, there are several things to keep in mind: If you are being garnished, you are likely filing bankruptcy to stop that garnishment. Filing bankruptcy will stop the garnishment. Creditors are not allowed to collect from you while […]

Collections Efforts

Many individuals filing for bankruptcy experience various types of collections efforts prior to filing.  These collections efforts can include anything from harassing phone calls and letters to law suits and even garnishment.  If you, or someone you know, is currently receiving phone calls or other collections efforts you should contact an attorney immediately.  Creditors can […]

Debtor Responsibilities in Reviewing and Filing a Bankruptcy Petition

Many people filing for bankruptcy choose to hire an attorney to file their petition.  Bankruptcy law is very complex and changes from time to time making it somewhat difficult to navigate for a pro se debtor.  It is important to remember, that even though you have an attorney you are still personally responsible for the […]

Myths and Truths About Chapter 7 Bankruptcy, Part III

Myths and Truths About Chapter 7 Bankruptcy, Part III Myth:  If a debtor wishes to retain personal property or real property, the property can be excluded from the bankruptcy and does not need to be listed in the petition. Truth:  All property, real and personal, a debtor owns at the time of the bankruptcy must […]