It is possible for a single person to file bankruptcy multiple times and receive a discharge each time. However, you must beet certain rules in order to qualify after having previously received a discharge. The rules essentially require a certain waiting period between filing certain types of cases. If you did not receive a discharge […]
Should I File a Chapter 7 or Chapter 13 Bankruptcy?
A large majority of new bankruptcy cases filed are either a Chapter 7 or a Chapter 13. But how do you chose which one is right for you? The answer depends on many factors, including your income, assets, debts, and your overall goal. Certainly, consultation with your bankruptcy attorney will help you make this decision. […]
Can I Keep My Car If I File Bankruptcy?
In short, the answer to this question is “Yes, but not always.” The long answer depends on many factors. First, the type of bankruptcy you file will have an impact on whether you can keep your car. If you file a Chapter 13 case, you are allowed to keep your car if (1) you pay […]
How Much Will I Have to Pay in My Chapter 13 Bankruptcy?
If you file a Chapter 13 bankruptcy case, you will be required to propose a payment plan to be administered through the court. The plan will last between three and five years, depending on the particulars of your case. The longer your proposed plan, the lower your payments will be. Your payments will be made […]
What Debts are Discharged in a Chapter 7 Bankruptcy Case?
A Chapter 7 Bankruptcy will typically result in the discharge of most or all of your debts. However, the ability to discharge debts in Chapter 7 is not unlimited. The following debts are some of the debts that cannot be discharged through a Chapter 7 bankruptcy: 1. Alimony and child maintenance and support obligations; 2. […]
Avoiding Liens in Bankruptcy
Unless some action is taken to affect a creditor’s lien, its lien will pass through bankruptcy unaffected, and your creditor will have the right to enforce the lien after the conclusion of the case. Therefore, it is important to take action within the bankruptcy case to eliminate certain liens. There are two common ways that […]
The Automatic Stay
Filing a chapter 7 or chapter 13 bankruptcy immediately gives you the protection of what lawyers call the automatic stay. The automatic stay prevents creditors from taking certain actions to collect debts against you or your property. The automatic stay is a powerful tool at your disposal and can be used to immediately stop creditors […]