What is a next friend? Guardians in bankruptcy
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…
Read More What is the credit counseling courses required in bankruptcy?
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…
Read More What is the court going after a friend I paid back? Preferences and fraudulent transfers in bankruptcy
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…
Read More I made a mistake on my bankruptcy filing. How can I amend my case?
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…
Read More What is contempt in bankruptcy?
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…
Read More I am still getting collection calls during my bankruptcy.
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,…
Read More What if I forgot to list a creditor?
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…
Read More My case is discharged but still open. What is that?
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…
Read More What is the automatic stay?
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…
Read More Are there reasons to file bankruptcy if I am not discharge eligible? What is a Chapter 20 bankruptcy?
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.…
Read More My case discharged. What is that?
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…
Read More What is an adversary complaint?
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…
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