The Law Offices ofAlexzander C.J. Adams, P.C.

The bankruptcy code allows for the appointment of a guardian for debtors who must file bankruptcy, but need some assistance to complete the requirements of the case.   A special process in bankruptcy allows for the appointment of a guardian, in bankruptcy called a ‘next friend’, to assist in the completion of the case.   […]

All successful bankruptcy discharges require a prefiling course, typically online, in consumer credit counseling to be completed, as well as a second curse taken during the bankruptcy in personal financial management, also typically online. These courses are typically $10-$20 or so each, and are paid by you directly, above and beyond attorney fees and court […]

A common fact scenario in bankruptcy is where a client says they are ready to file bankruptcy as they have just paid back their family member a large sum of money. As a client, you are ready to file, but as an attorney your wish you could have met the client prior to that payments. […]

Bankruptcy requires that you do provide information that is required to be complete, accurate, and truthful for the bankruptcy to result in a discharge. 11 U.S.C. 527(a)(1)(A). I think this is the most important notice in bankruptcy. In essence, bankruptcy works for the honest but unfortunate debtor, and it does not work for the dishonest […]

Contempt is being disobedient to or disrespectful of a court of law.   When you file a bankruptcy, you receive an immediate order called an automatic stay. This is the ‘order of relief’ that prevents others from collecting against you. The order is generated automatically, and in each case, there is essentially a (very) brief […]

You should not be getting collection calls after your bankruptcy is filed. But it happens. And if it happens, what should you do?   First, take copious notes. Who called, when did they call, why did they call? Take down as much information as possible. If they left a voicemail, save it. Screen shot the […]

You are required to list all your debts and assets in your bankruptcy. But no matter how diligent some debtors are, some debts may not be listed. This is typically because a debtor honestly has no idea they owe the debt or was mistaken regarding the debt listing in the first.   So what happens? […]

In some Chapter 7 cases, you received your discharge but the case remains open. What does that mean?   It usually means the trustee in your matter is busy gathering and selling assets to pay your creditors. Once the assets are sold, the trustee will file a report with the court proposing to pay certain […]

The automatic stay is temporary court order you receive upon filing the case that fends off creditors collection attempt. It becomes permanent at the end of the case in the form of the discharge injunction.   Virtually all debt collection attempts are stopped with the filing of the case (although certain debts like alimony and […]

In some cases, a client in bankruptcy may be allowed to receive a discharge. This is usually because the debtor filed a recent bankruptcy within a certain period of time. Bankruptcies filed too close together may not allow the second bankruptcy to receive a discharge.   There are times, however, when a second bankruptcy, even […]