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My case discharged. What is that?

Articles

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?

Articles

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)?

Articles

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?

Articles

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

Articles

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 […]

Uh oh! Who is trying to dismiss my case?

Articles

Case dismissal motions can come from any interested party in the bankruptcy. This could be a creditor, the trustee, the US Trustee’s office, or even from the judge himself or herself, although this is generally a rare event.   What does a case dismissal motion? Well, let’s start with what a motion is.   A […]

Chapter 13 plan amendments and modifications

Articles

What happens when you do your best to comply with a confirmed plan, but you just can’t make it work?   A lot of life happens during a Chapter 13 case. You may lose or gain a job, get married, have kids, move out of state, get injured, or some other life events may happen […]

What is confirmation or a confirmed plan in Chapter 13?

Articles

In Chapter 13, you put forth a reorganization plan, notifying your creditors of what they can expect during the life of the case. Once the judge approves this reorganization plan, the plan is known as a ‘confirmed plan’. A confirmed Chapter 13 plan is the instruction manual for the case. It tells everyone – you, […]