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I made a mistake on my bankruptcy filing. How can I amend my case?

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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 […]

What is contempt in bankruptcy?

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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 […]

I am still getting collection calls during my bankruptcy.

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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 […]

What if I forgot to list a creditor?

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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? […]

My case is discharged but still open. What is that?

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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 […]

What is the automatic stay?

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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 […]

Are there reasons to file bankruptcy if I am not discharge eligible? What is a Chapter 20 bankruptcy?

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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 […]

My case discharged. What is that?

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The discharge is typically the main goal of filing bankruptcy. It is the final permanent court order that says to the world all the debts that you had prior to the day of filing the bankruptcy that can be eliminated are eliminated. This is the enforceable order that can be used forever to make sure […]

What is an adversary complaint?

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An adversary complaint is a lawsuit within the bankruptcy case. For instance, if you file a bankruptcy and one of your creditors believes that the debt you owed to them is a debt that should not be eliminated, the creditor may file a lawsuit within the bankruptcy itself to prove that the debt is non […]

What debts are not eliminated in bankruptcy?

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Certain debts are not eliminated in bankruptcy.   These include:   – Child support and Alimony – Criminal court fines and fees as well as restitution – Debt’s your incurred through injuring someone when you were intoxicated – Certain taxes – Student loans absent proving an undue burden (which is exceedingly tough to prove) – […]