This is the case of David Hammons who comes from Skokie, Illinois which is Cook County, Illinois. He is married to Christine but Christine is going to be a non-filing spouse in this case. Right off the bat, we are not sure whether this is going to be a Chapter 7 or Chapter 13 so […]
Category Archives: Bankruptcy Questions
You most certainly can stop bill collectors from calling you once you hire an attorney to handle your debt situation. Under the Fair Debt Collection Practices Act, creditors are prohibited from contacting you once they are made aware of the fact that you have representation. If creditors violate this Act, they can be sued in […]
There are several things that you should not do if you are considering filing for bankruptcy under either Chapter 7 or Chapter 13. One of the things that people do which is a prohibited act is repaying a family member or a friend within a year of filing for bankruptcy. This is known as a […]
A Chapter13 bankruptcy can be filed by an individual or a joint case husband and wife. Chapter13 cannot be filed by a corporation. In order to file for Chapter 13, an individual must complete several prefiling requirements. The most important requirement is the taking of a credit counseling session. The credit counseling session is a […]
Chapter 13 bankruptcy is reorganization through a Chapter 13 trustee. The reason why many people will file Chapter 13 is to save a home that has gone into foreclosure. Now, the reason why the home fell into foreclosure could be several; in many cases, someone has lost their job, fallen behind on their bills and […]
You do not have to hire an attorney to file for bankruptcy; however, I would strongly recommend that you do so. You do have the ability to fill out forms online or from an office supply company, go down to the clerk’s office and attempt to handle a Chapter 7 or Chapter 13 bankruptcy case […]
Chapter 13 bankruptcy is one form of bankruptcy under the United States Bankruptcy Code whereby someone reorganizes their debt and pays back either all or a portion of the debt over a 3 to 5 year period. Chapter 13 is most commonly used to save a home that’s in foreclosure. In a Chapter 13, a […]
Typically student loans are going to be non-dischargeable. A non-dischargeable debt is a debt that is not going to be eliminated in a bankruptcy case. Student loans are the type of debt that are typically non-dischargeable except for extreme hardship cases. In my 21 years of practice, I have never had an extreme hardship case […]
Chapter 7 is a liquidation fresh start type of bankruptcy whereby a person who has very little in the way of assets and a lot of unsecured debt can file a Chapter 7 and get a fresh start. Under Chapter 7, debtors typically keep all of their properties such as houses, cars, personal belongings provided […]
A 341 Meeting is a meeting of creditors we acquired and mandated by the Bankruptcy Code whereby a debtor will be examined under oath by a Chapter 7 trustee regarding assets and liabilities. The Chapter 7 trustee has the duty to examine the debtor and determine whether or not there are any assets that can […]