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Filing for Bankruptcy

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Social Security Income and the Means Test

If you file for Chapter 7 bankruptcy, your Social Security income will not be included when you take the “means test.” Read on to learn what t...

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How Long Will I Be In Court For My 341 Meeting of Creditors?

If you're filing for bankruptcy, you'll need to attend a hearing called the 341 Meeting of Creditors. In most cases, you can expect your involvement i...

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Bankruptcy Case Audits: Tips to Avoid Trouble

Everyone who files for bankruptcy wants to avoid bankruptcy audit procedures, just as tax filers want to avoid IRS audits.

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What Happens At a Nebraska 341(a) Creditors Meeting?

Once you have filed a bankruptcy petition with the bankruptcy court in your area, you will receive a notice from the court about a meeting between you...

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Bankruptcy & Reaffirmation Agreement FAQ's

Reaffirmation agreements are used in cases where a bankruptcy petitioner wants to maintain liability for a debt through a bankruptcy. Usually this...

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How To File for Bankruptcy in California

There are many different factors that need to be decided by yourself before you file for bankruptcy. First, you are going to need to figure out if you...

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Filing for Bankruptcy Pro Se

Filing a pro se bankruptcy is not a simple task. It requires more than a passing familiarity with the bankruptcy code. There are many aspects that h...

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How to Make a Contingent Claim in a Bankruptcy Case

Contingent claims in bankruptcy are those claims which are contingent upon certain events occurring. For example, if a debtor has co-signed a loan, ...

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Attending a Meeting of Creditors in Sacramento, CA

The US Bankruptcy Court in Sacramento, CA is located at 501 I St # 3200, Sacramento, CA 95814-7303, accessible by public transportation, in the down...

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Motion to Vacate Bankruptcy Case Dismissal

When a court dismisses a case, the debtor may try to bring back the case with a Motion to Vacate Dismissal because if s/he had to file a new case ...

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Anatomy of a Chapter 7 Bankruptcy Petition

On January 28, 2011, The Wall Street Journal reported in “Chili’s Feels Heat to Pare Costs” that healthcare laws and rise in food prices are ...

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File Bankruptcy Now or Later? Timing Makes All the Difference

Over the past seven years, I have seen the timing of bankruptcies get more complicated. Back in 2004, when I took my first bankruptcy cases, I m...

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Facts vs. Myth: What Happens to My House and Cars if I File Bankruptcy?

What About my House and Cars? There's a lot of bad Bankruptcy information out there. Beware of office talk and helpful "friends" who volunteer non-l...

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Statement of Basic Facts in a Bankruptcy Case

When someone files a Chapter 7 bankruptcy case in US Bankruptcy Court, Northern District of California, the trustee may send the debtor a bankrupt...

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What Does Bankruptcy Do To My Credit?

Although filing bankruptcy can be a life-saver for many folks, it does have consequences. One question many of my clients ask is, “what will it ...

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Preference Actions in a Bankruptcy Case

In November 2010, the trustee for the Circuit City Stores, Inc., liquidating trust filed more preference actions.  Some of the actions were against s...

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Attorney Services at 341 Hearing

After a debtor files a Chapter 7 bankruptcy petition, s/he will be notified of a trustee assigned to the case.  The attorney will meet with the d...

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What is an Emergency Bankruptcy?

An Emergency Bankruptcy is when a debtor files a "core petition" so a case number is issued immediately. The reason is often to stop a foreclosure.

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Bankruptcy Laws: Charitable Contributions and Tithing

Shortly after the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, a controversy arose over a New York judge who rule...

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Tenant Bankruptcy: Landlord and Tenants Rights

The Bankruptcy Code has provisions specific to nonresidential leases. When a tenant’s bankruptcy arises, a landlord should have a basic understa...

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Michigan Bankruptcy FAQ: Where Do I Go To File?

If you’re contemplating Chapter 7 or Chapter 13 bankruptcy, you may already have countless factors to think about. The appeal of bankruptcy is b...

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Our Bankruptcy Law Firm

Doan Law Fir, California's Largest Family of Attorneys, is the only father-and-five-sons bankruptcy law firm in the country. Family values play an int...

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Multiple Bankruptcy Filings

If you have already filed for bankruptcy, and you think you need to file for bankruptcy again, you should immediately consult with a bankruptcy at...

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341 Hearing: What Happens?

After filing the bankruptcy petition, the US Trustee, an officer of the U.S. Department of Justice, responsible for overseeing the administration ...

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Reaffirmation Agreements and the Debtors Statement of Intentions

Every Chapter 7 debtor must complete and file with the bankruptcy court a document known as the Statement of Intention.  The purpose of the Sta...

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An Outline of The Credit Counseling Process

For anyone considering declaring bankruptcy, learning what to anticipate may be one of the most effective ways to avoid unwarranted stress and anxie...

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What is the Disclosure Statement in Bankruptcy?

A disclosure statement bankruptcy filing is a written report prepared and filed by a party wishing to file Chapter 11 bankruptcy. The disclosure sta...

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Instructions for Bankruptcy Schedule J

Schedule J – Current Expenditures of Individual Debtor(s) – is one of the bankruptcy Form 6 schedules that details information about a d...

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The Dos and Don’ts of Declaring Michigan Bankruptcy

Once you declare bankruptcy in Michigan, you’ll undergo several stages. In most cases, bankruptcy lasts for 3 to 5 years before a discharge is giv...

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Can You Discharge an SBA Loan in Bankruptcy?

Bankruptcy discharges your unsecured debt.

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LLC Bankruptcy Laws

As a relatively new type of business entity, Limited Liability Corporations (LLC) are not expressly addressed in most bankruptcy codes and laws. The...

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Hard and Soft Assets in Bankruptcy

In a bankruptcy, assets are either exempt or non-exempt. Exempt assets are those the petitioner may keep. Each state varies on categorizing exempt a...

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What Happens After a Bankruptcy Dismissal

People who are overloaded with debts see bankruptcy as the last resort. But even this option may fail if the court orders for a dismissal of your ba...

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Can You File Bankruptcy for Gambling Debts?

Gambling bankruptcy—it’s not Donald Trump’s latest maneuvers involving his Atlantic City holdings, but rather when someone files b...

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The Bankruptcy Notice to Creditors: What Will they Do?

A notice to creditors is provided to the companies and individuals you list in your personal bankruptcy as creditors. It basically puts the creditor...

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Involuntary Bankruptcy

Voluntary cases in bankruptcy occur when consumers in debt choose to file for bankruptcy. Involuntary cases occur when debtors are forced by a credito...

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Tax Considerations For Filing Bankruptcy

One point that quite a few individuals and small business owners forget to look into is that various tax financial obligations are dischargeable in a ...

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Bankruptcy Attorneys Hit the Streets

Bankruptcy attorneys across the country will be hitting the streets in 2011 in a massive effort to capture their fair share of the bankruptcy boom. ...

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Do I Really Need a Lawyer to File for Bankruptcy?

If you are reading this article you are probably contemplating hiring a bankruptcy attorney or filing bankruptcy on your own. While you may not nece...

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Is Bankruptcy Complete After the 341 Meeting?

It's a good question, after 341 hearing when does bankruptcy become final? The short answer is after discharge. Bankruptcy will not become final unt...

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Cheap Bankruptcy Lawyers: How to Find an Inexpensive Bankruptcy Attorney Online

If you are buried in credit card debt, unpaid medical bills, or just struggling financially you might be thinking about filing bankruptcy. Your ne...

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What Happens To My Tax Refund In Bankruptcy?

If you file for Chapter 7 or Chapter 13 bankruptcy, will you lose your tax refund? The answer: it depends.

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Common Myths about Bankruptcy in California

Millions of people are finding themselves overwhelmed by mounting debts in today’s economy. This can be overwhelmingly stressful, and at times you...

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Filing Bankruptcy Without An Attorney

Thinking about filing Bankruptcy? Wondering if you need an attorney?  Many people are frustrated by the fact that they feel that they need an attor...

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Will Declaring Personal Bankruptcy Prevent Eviction?

If you are behind on your rent and faced with eviction, declaring personal bankruptcy will (in most cases) give you a break or respite--a chance to ...

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When One Spouse Declares Bankruptcy

If you or your spouse or ex-spouse declares bankruptcy independently, the non-filing party need to know how this filing will impact any of his persona...

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What Happens if a Bankruptcy Debtor Dies

Even though it doesn’t happen often, debtors sometimes die while their Chapter 7 or Chapter 13 bankruptcy case is still pending. So what happens if...

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What Happens After the 341 Meeting of Creditors?

The meeting of creditors is part of the bankruptcy process. Whether you are considering filing bankruptcy or the process has already begun, you like...

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Understanding Secured Unsecured and Priority Claims

Claims in bankruptcy are separated into three primary categories: secured, unsecured, and priority claims.  The type of claim a debt is determi...

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The Earned Income Credit and Bankruptcy

The earned income credit (EIC), is a tax credit available for low income workers with minor children. The EIC reduces the taxes owed, and in ca...

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The Bankruptcy Trustee's Motion for Turnover of Property

When you are involved in a Chapter 7 bankruptcy that will require you to sell property to satisfy debts, you will eventually be faced with what is c...

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Steps to Filling Out Bankruptcy Schedule E

A bankruptcy schedule E will list the sorts of claims for debts that may be unsecured yet that are entitled to priority.  The debtor will be requir...

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Steps in a Chapter 7 Bankruptcy Case

Most Chapter 7 bankruptcy cases are not complicated. From start to finish the whole process takes about four to six months.

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Should You File for Bankruptcy Jointly or Individually?

A debtor can file for bankruptcy individually. When one spouse files for bankruptcy, only the filing spouse will receive the full protection of the ...

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Should You File for Bankruptcy Before or After Foreclosure?

If you know you’re going to lose your house in foreclosure, and you also plan on filing for bankruptcy, should you file for bankruptcy before or aft...

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Nature of Debtor's Interest in Property Explained

Under the U.S. Bankruptcy Code, when a person files for a Chapter 7 bankruptcy, a debtor’s legal and equitable interests in property become pa...

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If a Bankruptcy Discharge is Revoked

A bankruptcy discharge can be revoked if a trustee, creditor, or U.S. trustee discovers that a debtor acted fraudulently or committed acts...

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This article is provided for informational purposes only. If you need legal advice or representation,
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