Weather Emergency in Kentucky

Posted on January 13, 2018. Filed under: Chapter 7 Bankruptcy, Chapter 13 Bankruptcy, Consumer Alerts | Tags: , , , |

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Do creditors have you cornered ? Can bankruptcy help ?

Posted on August 12, 2014. Filed under: Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Consumer Alerts, Consumer Bankruptcy Attorney | Tags: , |

cornered

Although bankruptcy cases can be complex, many of the procedures and cases are routine. Before filing a bankruptcy case, you or your attorney should analyze your eligibility for different forms of debt relief available under the Bankruptcy Code and which form of relief is most beneficial to you. Be sure you understand the relief you can obtain and its limitations.

To file a bankruptcy case, documents called a Petition, Schedules, and Statement of Financial Affairs, as well as in some cases a Statement of Intention need to be prepared correctly and filed with the bankruptcy court. You will have to pay a filing fee to the bankruptcy court.

Once your case is filed, you will have to attend a first meeting of creditors where you will be questioned under oath by a court official called a “trustee”. At this meeting you may also be questioned by your creditors.

If you choose to file a Chapter 7 case, you may be asked to reaffirm a debt. You may want help deciding whether to do so. A creditor is not permitted to coerce you into reaffirming debts.

If you choose to file a Chapter 13 case in which you repay your creditors what you can afford over a 3 to 5 year period, your attorney will help you in preparing your Chapter 13 plan and with the confirmation hearing on your plan which will be before a Federal Bankruptcy Judge.

If you select another type of relief under the Bankruptcy Code other than chapter 7 or chapter 13, you will want to find out what should be done from someone familiar with that type of relief.

Your bankruptcy case may also involve litigation. You are generally permitted to represent yourself in litigation in bankruptcy court. BE AWARE – Only an attorney can give you legal advice and can represent you in court.

photo credit: Alyssa L. Miller via photopin cc

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Do creditors have you cornered ?

Posted on February 26, 2014. Filed under: Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Consumer Alerts, Consumer Bankruptcy Attorney | Tags: , |

cornered raccoon

Don’t stress !

Although bankruptcy cases can be complex, many of the procedures and cases are routine. Before filing a bankruptcy case, you or your attorney should analyze your eligibility for different forms of debt relief available under the Bankruptcy Code and which form of relief is most beneficial to you. Be sure you understand the relief you can obtain and its limitations.

To file a bankruptcy case, documents called a Petition, Schedules, and Statement of Financial Affairs, as well as in some cases a Statement of Intention need to be prepared correctly and filed with the bankruptcy court. You will have to pay a filing fee to the bankruptcy court.

Once your case is filed, you will have to attend a first meeting of creditors where you will be questioned under oath by a court official called a “trustee”. At this meeting you may also be questioned by your creditors.

If you choose to file a Chapter 7 case, you may be asked to reaffirm a debt. You may want help deciding whether to do so. A creditor is not permitted to coerce you into reaffirming debts.

If you choose to file a Chapter 13 case in which you repay your creditors what you can afford over a 3 to 5 year period, your attorney will help you in preparing your Chapter 13 plan and with the confirmation hearing on your plan which will be before a Federal Bankruptcy Judge.

If you select another type of relief under the Bankruptcy Code other than chapter 7 or chapter 13, you will want to find out what should be done from someone familiar with that type of relief.

Your bankruptcy case may also involve litigation. You are generally permitted to represent yourself in litigation in bankruptcy court. BE AWARE – Only an attorney can give you legal advice and can represent you in court.

photo credit: PJ Peterson via photopin cc

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Do all of your creditors have to be listed in your bankruptcy papers ?

Posted on November 8, 2013. Filed under: Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Consumer Alerts | Tags: , , |

yes

Yes. All of the debts have to be scheduled, with the name and address of the creditors. This is so that they can receive notice of the bankruptcy, and get their fair share of any money that is paid to creditors. Sometimes debtors think that they should omit a creditor because they want to continue to pay the debt. This would violate the law, and it is unnecessary, because a debtor can always choose to pay a debt voluntarily, even though the debt has been discharged and there is no legal obligation to make payment. However, creditors are usually prohibited from taking any action to collect discharged debts.

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Do all creditors have to be listed on bankruptcy schedules?

Posted on October 30, 2013. Filed under: Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Consumer Alerts, Consumer Bankruptcy Attorney | Tags: , , |

bankruptcy chalkboard

Yes. All of the debts have to be scheduled, with the name and address of the creditors. This is so that they can receive notice of the bankruptcy, and get their fair share of any money that is paid to creditors. Sometimes debtors think that they should omit a creditor because they want to continue to pay the debt. This would violate the law, and it is unnecessary, because a debtor can always choose to pay a debt voluntarily, even though the debt has been discharged and there is no legal obligation to make payment. However, creditors are usually prohibited from taking any action to collect discharged debts.

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No no’s for Creditors… (or, always get advice from an attorney before posting signs!)

Posted on September 10, 2009. Filed under: Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Consumer Alerts, Consumer Bankruptcy Attorney, Debt Collectors | Tags: , , , , |

A bankruptcy Court in Texas (In Re Collier, ED Texas) sanctioned a creditor for posting signs around a small community asking the debtor to come pay them:

“A creditor’s actions, after receiving written confirmation from a Chapter 13 debtor’s attorney of the existence of a bankruptcy case in the form of a printout from the Public Access to Court Electronic Records (PACER) system, in posting a sign on a public thoroughfare in the small community where the debtor and the creditor lived referencing the debtor’s unpaid debt, and asking, in capital letters, “WILL YOU PLEASE COME PAY ME!” was not merely an exercise of the creditor’s free speech rights to warn other parties that the debtor was not paying its debts. Rather, it represented an attempt by the creditor to shame the debtor into paying his debt to the creditor, for which damages could be awarded without violating the creditor’s First amendment rights.”

The lesson here is even if you are a creditor, always get advice from an attorney before you attempt to collect a debt, either before or after you get a notice from the bankruptcy court.   The advice from this for debtors currently in bankruptcy is to always report to your attorney any attempts to collect on a debt that you listed in your bankruptcy.  There may be remedies available to you to prevent this harassment.

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