Bankruptcy Legal Questions & Answers

How does the Chapter 13 Bankruptcy Process work?

Must I employ an attorney to file bankruptcy?

Can I keep my home and automobile if I file bankruptcy?

What is the advantage to purchased forms over free forms?

What is the automatic stay in bankruptcy?

Will creditors stop calling after I file bankruptcy?

How do locate an attorney to help me file bankruptcy?

Can I borrow money after bankruptcy?

Will I be required to attend a court hearing?

How long before the bankruptcy is complete?

If I am a co-signer for a debt, how does bankruptcy affect the obligation?

What does exempt property mean and what property is exempt?

Are pension plans and 401(k) plans exempt?

Can I go to jail if I do not pay my debts?

How often may I file a chapter 7?

May I discharge student loans in bankruptcy?

What is a reaffirmation agreement and when is it used?

Will bankruptcy stop foreclosure?

Last year (2005), my husband and I filed for a Chapter 7 bankruptcy. The final decree was signed and entered on 8/2/05. There is a creditor (who was named on the list of creditors, given notice, and did not dispute the discharge of the debt) who placed a lien on our personal bank...

I'm going to be filing for a Chapter 7 Bankruptcy. I live in Washington, DC. Once I file for bankruptcy, how soon after that do the bill collectors stop harassing you by phone and mail? Does the bankruptcy fee have to be paid all at once before sending out letters to the credit...

Can I file for bankruptcy if I have debt of $80,000 and have 100.00 cash in the bank and a house valued at $250,000 which has no liens on it? Will I be able to keep my house?

My husband and I are thinking of signing a separation agreement. We do not understand the part of the agreement on bankruptcy (see below). Our question actually is as follows: if after signing the separation agreement one of the parties files for bankruptcy, is the other party ...

I was divorced in 2002 and my ex-husband and I have property settlement that he needs to pay off the credit under my name, to clear my credit but he filed for bankruptcy in 2004 and I just found out. He has never payed off the credit, I want to know what I can do to clear my cred...

An individual has borrowed 21 separate loans from me totaling over $17,000. He has made several payments to repay his debt to me. Now he is filing bankruptcy. If he decides to try to dismiss his debt to me, wouldn't I have to be notified? Would he still be liable to repay me ...

Can I file bankruptcy on my own or do I need an attorney? How much will it cost me?

Can a person request that their bankruptcy case be withdrawn/dismissed if they receive enough in a lump some of money from a relative to pay outstanding debts to creditors and resume their monthly payment obligations to the them before the discharge and closing of the bankruptcy...

My husband and I filed a chapter 13 about a year and a half ago. We have recently gotten behind on our house payment which was part of the chapter 13. Is there anything I can do to stop the foreclosure since this is the second time it is happening?

Is it possible to discharge spousal support payments which have been turned into a note with a bankruptcy filing.

Cram-down is a term used in bankruptcy law to refer to the Chapter 13 provision that allows de...

What is a "motion to cram-down"? Also, what is the purpose of multi pre-trials? Our builder is in bankruptcy and we have gotten copies of notices that state "motion to cram-down" and we are not familiar with this term. Also, our builder is facing a trial, but up until now, he ...

Post-petition refers to after a debtor has filed a bankruptcy petition. Post-petition payments...

What is post-petition on a Chapter 13 bankruptcy proceeding? The statement states that from x month to x month the account is currently post-petition due.

In order to qualify for Chapter 7 bankruptcy, you must compare your "current monthly income" a...

Is there an income limit for a person to file bankruptcy?

If a creditor attempts collection efforts on a discharged debt, the debtor can file a motion w...

My parents just filed bankruptcy, Chapter 7. They have an RV. They are keeping the RV but are not signing a reaffirmation agreement, the RV company is just allowing them to keep on making the payments. The RV was discharged in the bankruptcy. IF 3 years from now they decide t...

If you have joint debts, a creditor could report on your spouse’s credit that the CO...

I filed for bankruptcy in 2002 due to a divorce. It was discharged in 2003 included in the bankruptcy was a judgment placed on me in 1999. I would like to get married but I need to know how all this will effect my new spouse who has excellent credit if at all and how it will eff...

I have a very small internet business. I have made no money; however, I have 3 credit cards that I can't pay anymore. My business is an LLC. If I file for bankruptcy, can they get my personal items such as a car, house, and etc.? Will it affect my husband? Everything is in my nam...

I have been holding off on bankruptcy of some time now. I have a couple judgments against me and now I have received two 1099-C from a credit card company. All my debts are credit card debts. If I file bankruptcy now can these 1099-C be taken care of or do I have to show them as ...

I have a complex question. My husband and I filed bankruptcy. Our meeting of the creditors was June 2. My husband was a plumbing contractor. He did a job for a General contractor. We filed bankruptcy on the company that provided the materials for that job. Now the company th...

If I filed bankruptcy and part of the monies in my checking account was from my dad which was a check that I deposited into my account the day before my filing to purchase things for his home, my mom just recently died and my dad is not in the best of health. I am the power of at...

Can a plaintiff in a small claims court file a claim on a defendants property they paid half of and never got paid back for and had bankruptcy where that money was on a credit card and was written off? What is the plaintiff''s position; can they file for that money from the defen...

If the Contractor is a Corporation and declares Bankruptcy, is the property owner liable to material man?

My husband was in business with his brother. His brother took payments and other money from the company without the agreement of my husband. He also took distributions without my husband getting any distributions. This was against their operating agreement and fiduciary law. ...

Last year, my bipolar husband was ordered to pay $50.00 per month for an old credit card debt for which he has no knowledge and was given no information that he recalls. Due to the factors involved in his disorder, he does not handle finances or much of life well, so everything f...

I will be losing my job in August and am wondering if I have to file bankruptcy, will I lose my house? I owe more then the house is appraised at now than when I bought it.

Massachusetts - A couple filed for Chapter 7 Bankruptcy in 1992. They had a number of Condominium units, which were listed. They gave up the condos, but it's now 2011, the Town still lists the two as the owners of one particular condo unit. The bank never foreclosed. The bank(s)...

We filed joint bankruptcy chapter 7 in MN. We would like to get out of the bankruptcy. Would they allow us to withdraw or how can we get it dismissed. We do not want to do chapter 13, we would just want to work it out with our creditors.

I am married, undergoing the lats few months of a bankruptcy, but am completely unhappy. Friends have offered me a place in their country with a possibility to start over, but it's a limited time offer. I'd like to just leave and file for divorce after I leave to avoid the hor...

If I notarized a signature on a deed which turned out to be not the person who she said she was, the mtg co sues me for their loss, can the debt be discharged in Chapter 7 bankruptcy. I had no idea she was fake doing a scam on a bank.