Bankruptcy Trustee Searches For Assets

In every Chapter 7 bankruptcy case, there is a Trustee appointment by the court to oversee the administration of your case. In most cases, there are no assets to be administered. However, the Trustee still needs to do an investigation to make certain. The investigation typically involves him asking several questions at the 341 meeting of creditors. The Trustee will also review the schedules to see if there is any item that needs further explanation. Provided there are no assets, the Trustee will quickly adjourn the meeting and move on to the next case. The narrative below talks about the Trustee's search for assets in greater detail. David Siegel: Why is the trustee engaging in a search for + Read More

Bankruptcy And Foreclosure: Can I Save My Home?

Chapter 7 & Foreclosure Filing bankruptcy can go a long way toward saving a home that's in foreclosure. Each chapter of the bankruptcy code will affect the outcome or the continuation of a foreclosure case differently. Under chapter 7 bankruptcy law, and automatic stay will kick in which will temporarily halt a foreclosure case. In a chapter 7, the creditor will bring a motion to modify the automatic stay and will be able to proceed where it left off in the foreclosure process. This delay can last anywhere from one month to four months depending upon the timing and conduct of the creditor. Chapter 13 & Foreclosure Under chapter 13 bankruptcy law, the foreclosure case may possibly + Read More

Can I File Chapter 13 Bankruptcy If I Am Unemployed?

You don't have to be employed to file Chapter 13 bankruptcy. However, you do need a steady source of income to be able to fund the chapter 13 plan. This income could be Social Security, disability, rental income, investment income, unemployment benefits and other sources of income such as family assistance. There is a misconception out there that you have to be employed to be able to file a chapter 13 bankruptcy. This is simply not true. In fact, I have had many cases confirmed where the person had no income from a job but was only receiving Social Security, unemployment, or other types of benefits. Obviously the success of your chapter 13 case depends upon you making regular, timely + Read More

What Happens To Personally Guaranteed Debt In A Business Bankruptcy?

When a business files for bankruptcy and closes its doors, it is filing a chapter 7 bankruptcy. This means that the company or corporation will no longer operate under that name and will no longer transact any business whatsoever under that name. Provided the corporation has no assets, creditors are unable to collect on their outstanding debts against the corporation. However, what about a situation where the corporation debt was personally guaranteed by members of the corporation? In this scenario, the personal guarantees are still responsible or liable for the underlying debt. If you personally guarantee a business debt and the business files for bankruptcy, you may have to file for + Read More

What Happens Immediately After A Bankruptcy Case Is Filed?

Everyone typically wants to know how long a bankruptcy case is going to take from start to finish. There is so much uncertainty about the process and about what a client must do to make it work. The transcript from the Video below outlines some of the keys points regarding timing. Please keep in mind that some cases may take longer than others depending upon the complexities of the issues and the diligence of the Trustee assigned to the case. Jesse Barrientes: So what happens then after you file, what -- first, how long does it take from the time that you file your petition for Chapter 7 to the time that you get discharged. Generally, how long is that? David Siegel: Well, a typical + Read More

When Debt Has Got You Down…..Consider This!

If you are struggling financially, please know that help is available. You do not have to go through another spring and another summer with financial problems. Have you looked into filing bankruptcy? Have you looked into reorganizing under chapter 13? Have you explored all of your options to get out of this debt? If not, now is the perfect time. With the start of spring, nature begins again. Just like spring, bankruptcy can be a new beginning financially. This new beginning starts with taking one step forward towards your goal. The very first thing that you should do is to contact a qualified bankruptcy attorney in your city or town. Go ahead and take the time to meet with an attorney and + Read More

What Happens To Unsecured Creditors If They Don’t File A Claim?

One of the many benefits of filing a chapter 13 bankruptcy case is the ability to repay creditors less than what's owed in many cases. Some cases don't require a full payment to unsecured creditors. This all depends upon the income and expenses of the debtor as well as the debtor's ability to repay the entire debt over a three to five-year period. In most cases, however, unsecured creditors are paid less than what is owed and as little as 10%. Once a chapter 13 bankruptcy case is filed, the clerk of U.S. Bankruptcy Court will send out a notice of filing to all the creditors listed on the debtor's petition. There is a timeframe whereby creditors must file a proof of claim. A proof of claim + Read More

Credit Card Spending Can Lead To Bankruptcy Filing

In Chicago and around the country, people are over spending on their credit cards. Maybe it’s the have it now, pay for it later mentality. Maybe it’s the convenience of not having to carry cash. Maybe it’s the enticements of rewards by using the card. Whatever the reason, folks have become too reliant on credit cards in their lives. The video below talks about how using your credit card instead of cash can actually increase to the total dollars that you spend. In many cases, this will lead to an eventual bankruptcy filing. Jesse Barrientes: I find that a lot of folks are simply using the credit card to live. They are paying – they are buying groceries or they are buying things + Read More

If I Fall Behind On My Chapter 13 Trustee Payments, Will My Case Be Dismissed?

A successful chapter 13 requires you to make timely, monthly payments to a chapter 13 trustee over the life of your plan. The plan could last anywhere from 36 to 60 months typically. Your plan may run less than that provided you pay off the debt in full. If you fall behind on your trustee payment, the trustee or a creditor can bring a motion to dismiss your case. When you fall behind with the trustee, there are no funds for the trustee to distribute that month. For that reason, creditors who are used to getting a monthly pro-rata payment, get nothing. This fact alerts them that there is a breach in your plan payments. By bringing a motion to dismiss, if they are successful, they will be able + Read More

Gambling Debts And Bankruptcy

If you're struggling from debts that arose from gambling, chapter 7 very well may be your answer. There has been an increase over the last 25 years in the state of Illinois with gambling institutions. These so-called boats have led many addicted people to lose their life savings, their families, their jobs, and their dignity by owing these corporate institution tons of money.  The good news is that if you're someone who has incurred debts by way of gambling, chapter 7 bankruptcy should provide you with the fresh start that you need. It's important to note that gambling is much like any other type of addiction. There is an inability to stop the conduct which is causing harm and it's very + Read More