chapter 7
« Previous EntriesYou Can Still Eliminate Credit Card Debts and Taxes in Chapter 7
Wednesday, February 17th, 2010You can still get rid of credit card debt and certain taxes in Chapter 7 bankruptcy cases
How to Lose a Chapter 7 Discharge: Failure to Keep Adequate Records
Friday, February 5th, 2010A while back I wrote an article about the importance of keeping records and receipts, as they are necessary in a bankruptcy case (see http://bklaw.com/bankruptcy-blog/2008/11/receipts-and-documentation/). This requirement was recently revisited by the 9th Circuit Court of Appeals in In re Caneva, 550 F.3d 206 (9th Cir. 2008). In that case, the court held [...]
What if you forget to list a creditor in your bankruptcy?
Wednesday, September 23rd, 2009what happens if you accidentally omit a creditor from your bankruptcy filing?
Does Filing CH. 13 Bypass the Means Test?
Wednesday, September 16th, 2009Does filing Chapter 13 instead of Chapter 7 alleviate the requirement of the means test?
Means Test: 401k loan repayment not an Expense
Friday, May 29th, 2009Court rules 401k loan repayments cannot be used in budget on means test to determine eligibility to file bankruptcy.
Bank Accounts Frozen After Filing Bankruptcy
Wednesday, March 11th, 2009Within the past couple of years, a couple of banks have started freezing the funds in the deposit accounts of debtors when they file a Chapter 7 bankruptcy case. To my knowledge, the only two banks that are doing this are Wells Fargo Bank and Union Bank. They do this regardless of whether they are [...]
Get things in writing and get receipts
Wednesday, November 26th, 2008If there’s one thing lawyers in general repeatedly see from their clients–in any field of law–it’s the lack of proof or evidence necessary to properly represent them or assist in solving their problems. This is as true for a contracts attorney whose client insists is the victim of a breach of an oral contract [...]
How much debt do you need to go bankrupt?
Tuesday, July 8th, 2008A question I have been repeatedly asked over the years from my potential bankruptcy clients is: How much debt do they need before they can declare bankruptcy? I have found that this question has different intent and meaning to different people. For example, some people think that there actually is a minimum [...]
Discharging consolidated debts in bankruptcy
Sunday, July 6th, 2008Another frequent question I get from potential clients is whether debts that they are making payments on as part of a “debt consolidation” program are dischargeable in a bankruptcy case. In fact, I’ve had numerous people think that those aren’t even debts anymore, once they are in a repayment program, or that [...]
Can You Only Bankrupt Certain Debts and Keep Others?
Wednesday, July 2nd, 2008Whether you can discharge (bankrupt) specific debts and keep others is a question that over the years I get asked repeatedly. Actually, strangely enough, clients don’t ask it as a question. They state it as if it were completely possible. “I want to get rid of my large debts and keep the [...]
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