Bankruptcy Law Blog

If you fall behind in your student loans, the government has a number of ways to come after you to get their money. When you stop paying on your student loans altogether, they are considered to be in default. If your student loans are in default, the government can deny you new student loans and…

When you are having financial difficulties, sometimes the timing of when you file for bankruptcy can be just as important as the type you file. Delaying Filing There may be times you might want to delay filing bankruptcy for a few months to make sure your work bonuses or one-time payments are not going to…

If you find that you are in financial trouble again after your bankruptcy has been discharged, you may need to file again to get bankruptcy protection from your creditors. You can file for bankruptcy as often as you want, but you will only receive a discharge if the legal requirements are met. Chapter 7 If…

Chapter 7 is often the most straightforward and quickest type of personal bankruptcy. This type of bankruptcy is considered a liquidation bankruptcy. Upon completing all of the required steps, your qualifying debt will be discharged within an average of six months. Chapter 13 bankruptcy is regarded as a reorganization bankruptcy. In this type of personal…

There are people out there that are looking to take advantage of vulnerable people. One way people fall victim is to become involved in bankruptcy-related scams. If you are considering filing bankruptcy, it is important to be aware of some of the possible ways scammers could be looking to take advantage of you. Red Flags…

In Chapter 7 bankruptcy, the nonexempt assets are sold, and the proceeds go to pay your creditors. Both federal and state laws allow the court to void an asset sale that was made just prior to filing for bankruptcy. If the court determines that the assets were sold or transferred to avoid having them be…

As part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), an annual statistics report is required to be submitted to Congress by the Administrative Office of the United States Courts. The report is also accessible to the public. BAPCPA Report – 2017 The summary of findings for the calendar year 2017…

If you have been set up in a payment plan for a Chapter 13 bankruptcy and you find yourself unable to make the payments either because of a loss of a job or other unforeseen debt, you may be able to convert your case to a Chapter 7 liquidation bankruptcy. A debtor, trustee or creditor…

The Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) of 2005 is part of the U.S. Bankruptcy Code. This act made significant changes to the Bankruptcy Code. The act was written to prevent abuse of and profit from the bankruptcy process. The act also protects frivolous filings, including the requirement that you must submit tax…

One advantage of a Chapter 7 bankruptcy in California is the short amount of time a debtor can obtain debt relief through a bankruptcy discharge. How fast is a Chapter 7 bankruptcy in California you may ask? While the amount of time a Chapter 7 bankruptcy can be different for everyone depending on their circumstances,…