Archives for August 2015

Bankruptcy & The Automatic Stay

In this excerpt from Legal Action, Attorney David M. Siegel talks about the creation of the automatic stay in bankruptcy.  Some debts are eliminated whereas others are not.  It all depends upon the type of debt and the type of bankruptcy. Interviewer: What happens if I’ve got a garnishment or a threat of garnishment or maybe a creditor is suing me and I have to go to court in two weeks for the small claims case or whatever for the credit card.  What is filing a Chapter 7 going to do for me initially?  David Siegel: Chapter 7, once a case is filed, there’s something called an automatic stay which is created.  It basically states that the case is filed, there’s a case number, there’s a + Read More

David Siegel Talks On Legal Action Television Show

In this excerpt from the Legal Action television show, Attorney David Siegel talks about the types of debts that can be eliminated in a Chapter 7 case.  He also covers the fact that student loans are not typically eliminated in bankruptcy. What type of debts can be eliminated through a Chapter 7 Bankruptcy? A: David Siegel - Any kind of credit card, medical bill, personal loan, past due utility, auto repossession deficiency, money that was lent to you by a family member or a friend or a payday loan store.  Those are the typical debts that get eliminated in the Chapter 7 without much of a problem.  A problem could come in a case where someone runs up their credit cards in anticipation of + Read More

Completing All Of The Pre-Filing Bankruptcy Requirements

This excerpt from the Legal Action television show highlights the fact that there are pre-filing requirements that must be satisfied prior to filing for bankruptcy.   Long gone are the days where a person could simply fill out some papers from an office supply store, head down to the Clerk of the U.S. Bankruptcy Court and obtain relief from creditors.  In fact, the law has become so complex that many attorneys have decided to not practice in the bankruptcy arena anymore.  However, there are still plenty of dedicated professionals that have made helping people get out of debt their life’s work.   When you come across such an attorney, you will see the passion his eyes.  The passage below is + Read More