Reopening your case if your bankruptcy case is closed without discharge due to failure to file the required Financial management course certificate.
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Los Angeles Bankruptcy Blog: Current issues, comments, questions and answers in bankruptcy law.
Category Archives: chapter 7
Re-filing Chapter 7 Bankruptcy Case After Prior Dismissal
I was asked a question in a forum: If a chapter 7 bankruptcy case gets dismissed for “failing” the means test, under 707(b) of the bankruptcy code (11 U.S.C. 707(b)), is there any time limit on re-filing? The answer is, for most cases, “no.” There are penalties for filing subsequent bankruptcy cases within one…
You Can Still Eliminate Credit Card Debts and Taxes in Chapter 7
You 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
A 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 that a…
What if you forget to list a creditor in your bankruptcy?
what happens if you accidentally omit a creditor from your bankruptcy filing?
Does Filing CH. 13 Bypass the Means Test?
Does filing Chapter 13 instead of Chapter 7 alleviate the requirement of the means test?
Means Test: 401k loan repayment not an Expense
Court rules 401k loan repayments cannot be used in budget on means test to determine eligibility to file bankruptcy.
Bank Accounts Frozen After Filing Bankruptcy
Within 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
If 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 with…