While most people know that bankruptcy is a way to discharge or eliminate debt, few know how it happens. Not knowing what to expect during the bankruptcy process can make the idea more intimidating than it need be. In reality, the filing for bankruptcy protection is not overly burdensome, but it does require you to […]
Myth 1: I will lose everything I own. FALSE. The bankruptcy process allows you to keep your property by placing an automatic stay, which prevents creditors from collecting on the property, such as a wage garnishment or bank levy. The majority of Chapter 7 cases result in no property lost to the debtor because they […]
Effect on Pending Judgments Upon filing bankruptcy, anyone who is seeking a judgment against you must stop immediately due to the “Automatic Stay” imposed on all collection activity. In other words, a bankruptcy petition will prevent all pending judgment actions from advancing. Your creditors will also be unable to contact you directly about any of […]
There are certain very special debts that bankruptcy never discharges, such as child and spousal support, referred to as “domestic support obligation.” See 11 U.S.C. sections 523(a)(5) and 101(14A). Income taxes are different. Income taxes CAN be discharged, as long as you meet a few conditions. These conditions mostly tie in to timing, when the […]
The main goal of most consumer bankruptcy cases is to get a fresh financial start through writing off debts. The legal bankruptcy term for write-off is “discharge.” In virtually all successful Chapter 7 “straight bankruptcy” and Chapter 13 “adjustment of debts” cases, there will be a discharge of some or all of your debt. In […]
The basic rule is that bankruptcy discharges all your debts unless a particular debt fits a listed exception. Focusing on Chapter 7, you will likely receive an Order of Discharge from the bankruptcy court within about 4 months of filing the case. The heart of this court order states simply that “A discharge . . […]
The discharge of debts in Chapter 13 works differently than in Chapter 7. If you file a Chapter 13 “adjustment of debts” case, you also get a discharge of your debts, which occurs at the end of your case, usually 3 to 5 years after the case is filed. A Chapter 13 discharge is different […]
