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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) – […]

What is a meeting of creditors or 341(a)?

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The meeting of creditors required under section 341(a) of the bankruptcy code allows all of your creditors and other interested parties to ask you questions about your debts and asset schedules. This is typically a quick and routine meeting.   A person called a trustee will swear you in and confirm you are who you […]

My case just dismissed! What should I do?

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Some bankruptcy cases dismiss. And when a dismissal occurs, you immediately travel back in time to the instant before the case was filed, and immediately return to the present date. What do I mean by this?   It means ALL of your debts spring back to life, and all of the late fees, penalties, charges, […]

What is an evidentiary hearing?

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An evidentiary hearing is a trial, albeit not trial of you may expect from watching Law and Order.   This trial may be on one specific question or a number of questions. Evidence is considered by the judge to determine the facts of the case and the application of the law to those facts in […]

Defending motions in bankruptcy

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In Chapter 13 bankruptcy, attorneys are in court virtually every week making arguments, appearing in front of the judge, and advocating for clients. In fact, in the law field, consumer bankruptcy and criminal defense attorneys typically rack up more court appearances on a routine basis than any other area of law. I personally have appeared […]